# Amaro v. City of New York

> New York Court of Appeals · June 8, 1976 · 40 N.Y.2d 30

URL: https://www.frixlaw.com/law-library/cases/5530749

## Case

- **Full name:** J. John Amaro v. City of New York
- **Court:** New York Court of Appeals
- **Decided:** June 8, 1976
- **Citations:** 40 N.Y.2d 30; 386 N.Y.S.2d 19; 351 N.E.2d 665; 1976 N.Y. LEXIS 2779
- **Precedential status:** Published
- **Opinion:** Dissent by Cooke
- **Judges:** Cooke, Gabrielli, Jasen
- **Cited by:** 56 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/5530749

## Opinion text

Cooke, J.
(dissenting). I concur with Judge Jasen that there should be a reversal and new trial but only on the grounds that the charge as to emergency situation and the corollary charge as to the required use of the sliding pole pursuant to regulation were erroneous.
Judges Jones, Wachtler and Fuchsberg concur with Judge Gabrielli; Judge Jasen dissents and votes to reverse in a separate opinion in which Chief Judge Breitel concurs; Judge Cooke dissents and votes to reverse in another separate dissenting opinion.
Order affirmed, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5530749. Public record. Not legal advice.