New York Court of Appeals
Bernard McCummings v. New York City Transit Authority
April 5, 199381 N.Y.2d 923
Summary
The Court affirmed the Appellate Division's denial of the Transit Authority's motion to dismiss the negligence claim, holding that material factual disputes required a jury's determination. It rejected the defendant's reliance on Tennessee v. Garner and Penal Law §35.30 as bases for dismissal, emphasizing that those authorities do not control a common‑law negligence action. Separate dissenting opinions argued that the officer's conduct was reasonable as a matter of law and that the claim should be dismissed.