Anna McCrink, as Administratrix of the Estate of Francis J. McCrink, Deceased, Appellants v. City of New…

Summary

The New York Court of Appeals reversed the Appellate Division and granted a new trial, holding that whether the City of New York was negligent in retaining an intoxicated patrolman who later shot a civilian is a question of fact for a jury, not a matter of law. The court noted that the city’s discretionary authority to retain an employee is limited where the employee’s continued service poses a foreseeable danger to the public.