Opinion · New York Court of Appeals

Evers v. Westerberg

32 N.Y.2d 684

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1973-03-21
Topic
litigation

How later courts describe this case

  • failure to arrest intoxicated driver did not give rise to a special duty

Citator

UpLaw has not yet analyzed Evers v. Westerberg. The absence of a flag is not a finding that it is good law.

Cited by
40 opinions

Order affirmed, without costs, on the opinion at the Appellate Dmsion (see, also, Ann., Police Protection—Governmental Liability, 46 ALE 3d 1084, esp. 1089,1095).

Concur: Judges Btjbke, Bbeitel, Jasen, Gabrielli and Jones. Chief Judge Fuld dissents and votes to reverse and grant a new trial. Taking no part : Judge Wachtleb.