Summary
finding no special relationship between police officer and plaintiff motorcyclist who had been struck by motor vehicle, where police officer allegedly assured motorcyclist he would get the name of the driver of the motor vehicle and failed to do so
Summary of this case from Lee v. City of New YorkOpinion
Argued October 13, 1971
Decided January 12, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK S. SAMANSKY, J.
Benjamin Heller and Richard Frank for appellant.
J. Lee Rankin, Corporation Counsel ( Eric J. Byrne and Stanley Buchsbaum of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Judge BURKE dissents and votes to reverse.