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Lauer v. City of New York

Court of Appeals of New York

733 N.E.2d 184 (2000)

Relevant factsFree

After Lauer's (plaintiff's) son died, a New York City (defendant) medical examiner's autopsy report wrongly concluded the death was a homicide, prompting a police investigation that focused on Lauer; weeks later the examiner determined the actual cause was an aneurysm but never corrected the report, death certificate, or notified law enforcement, and the investigation continued for another 17 months before finally being revised. Lauer sued the city, including for negligent infliction of emotional distress; the trial court dismissed all claims, and the Appellate Division affirmed all dismissals except that claim, which it reinstated.

IssueFree

Whether a medical examiner owes a duty to members of the public who may become subjects of a criminal investigation into a death.

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