New York Court of Appeals
Gertrude J. Cooper, Appellant v. City of New York, Respondents, Defendant
June 15, 199381 N.Y.2d 584
Summary
The Court of Appeals affirmed the Appellate Division's dismissal of the police officer's negligence claim, applying the Santangelo rule to bar recovery for injuries arising from the special hazards inherent in police duties, even when caused by a fellow officer. The Court rejected the proposed "separate and distinct" exception and held that the unpreserved General Municipal Law §205‑e claim was unavailable. Justice Titone dissented, arguing that the firefighter rule should not bar co‑worker negligence suits.