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Eleanor Cuffy Et Al. v. City New York

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eBook details

  • Title: Eleanor Cuffy Et Al. v. City New York
  • Author : Court of Appeals of New York
  • Release Date : January 19, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

[69 N.Y.2d 255 Page 258] Opinion OF THE COURT In a line of cases culminating in Sorichetti v City of New York (65 N.Y.2d 461), we recognized a narrow right to recover from a municipality for its negligent failure to provide police protection where a promise of protection was made to a particular citizen and, as a consequence, a special duty to that citizen arose (cf. Florence v Goldberg, 44 N.Y.2d 189). Essential to recovery is proof that the plaintiff relied on the promise and that his reliance was causally related to the harm he suffered. In this case, there was proof of a promise of protection made by an agent of the City, but, for a variety of reasons, the reliance element was not established by any of these three plaintiffs. Accordingly, we now reverse the order appealed from and hold that the complaint against the City should have been dismissed.


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