Quinlan v. City of New York

In Quinlan v. City of New York (33 A.D.2d 714 [3rd Dept. 1969]) a New York City correction officer sought Workers Compensation benefits for injuries sustained while off duty in pursuing two thieves whom he observed stealing from a cash register. The Appellate Division held: While general prevention of crime is not a usual duty of a correction officer, nevertheless, as a 'peace officer', he is not an ordinary citizen and assumes the duty to prevent crime and apprehend criminals. Having such authority, it was his duty to attempt to make an arrest ( Schultz v. Greenwood Cemetery, 190 N.Y. 276, 83 N.E. 41) and appellant must, therefore, assume liability for injury sustained as a result of respondent's attempts to carry out that duty (cf. Matter of Washington v. New York City Housing Auth., 31 A.D.2d 700, affd. 24 N.Y.2d 912).