Opinion

Schuster v. City of New York

  • 5 N.Y.2d 75
  • 180 N.Y.S.2d 265
  • 154 N.E.2d 534
  • 1958 N.Y. LEXIS 745
Court
New York Court of Appeals
Filed
Nov 11, 1958
Status
Published
Author
Desmond
On the bench
Conway, Desmond, Froessel, McNally, Voorhis
Cited by
197 cases
Authority
More cited than 27.1%

special duty arises once it reasonably appears that persons who assist in arrest or prosecution of criminals are themselves in danger due to assistance

How later courts described this case

  • special duty arises once it reasonably appears that persons who assist in arrest or prosecution of criminals are themselves in danger due to assistance
  • an informer was shot and killed after the fact that he had supplied information leading to defendant’s arrest was widely publicized
  • a special duty owed where plaintiffs intestate was murdered after supplying police with information leading to the arrest of a dangerous fugitive
  • city deemed to have undertaken a special duty to protect a police informant whose life had been threatened

Written by the judges who cited it.

Distinguished

  • Distinguished by Estate of Tanasijevich v. City of Hammond, 178 Ind. App. 669 (1978)

    We here reject the City of Hammond’s contention that the holding in Schuster v. City of New York, supra, is inapplicable to the instant case because Schuster involved the notorious and dangerous Willie Sutton.
    Indiana Court of AppealsDec 28, 1978Read it

The opinion

Desmond, J. (dissenting).

I vote for affirmance on the grounds stated by the Chief Judge and on an additional ground. The allegations of the complaint and the concessions of counsel make it entirely clear that, six years after the event, plaintiff has no knowledge or information whatever as to the identity • or motives of his son’s assailant or assailants. Thus, the suit is based on what must be a mere guess (or choice among mere possibilities—Ingersoll v. Liberty Bank of Buffalo, 278 N. Y. 1, 7 ) that Arnold Schuster was killed because he informed on Sutton. It is evident that there is a complete absence not only of knowledge but even of information that the killing was related to Arnold Schuster’s activity as an informer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.