# Schuster v. City of New York

> New York Court of Appeals · November 11, 1958 · 5 N.Y.2d 75

URL: https://www.frixlaw.com/law-library/cases/5517377

## Case

- **Full name:** Max Schuster, as Administrator of the Estate of Arnold L. Schuster v. City of New York
- **Court:** New York Court of Appeals
- **Decided:** November 11, 1958
- **Citations:** 5 N.Y.2d 75; 180 N.Y.S.2d 265; 154 N.E.2d 534; 1958 N.Y. LEXIS 745
- **Precedential status:** Published
- **Opinion:** Dissent by Desmond
- **Judges:** Conway, Desmond, Froessel, McNally, Voorhis
- **Cited by:** 197 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5517377

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5517377. Public record. Not legal advice.