New York Court of Appeals

Maria C. Gonzalez, Respondent v. Anthony Iocovello, Defendants, and City of New York, Appellant; Sean…

June 30, 199993 N.Y.2d 539

Summary

The Court held that both Vehicle and Traffic Law § 1104(e) and the New York City Charter and Administrative Code provisions can serve as predicates for a claim under General Municipal Law § 205-e, affirming the judgments in Gonzalez and Cosgriff. The decision rests on an expansive statutory interpretation and legislative history showing no exemption for fellow officer lawsuits.