Legal Opinion
Kircher v. City of Jamestown
New York Court of Appeals
Decided July 13, 1989PublishedCited by 145 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
We have only recently reaffirmed the well-settled rule that in order for liability to be imposed upon a municipality for the failure to provide police protection to a particular individual, there must be proof of a "special relationship” between that person and the municipality (see, Cuffy v City of New York, 69 NY2d 255). This rule is based upon sound policy considerations which justify its existence, explain its evolution and demonstrate its appropriate application to the facts of this case.
I
The following salient facts as revealed by the record are…
2Cases cited25 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- De Long v. County of ErieNew York Court of Appeals · 1983
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Schuster v. City of New YorkNew York Court of Appeals · 1958
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3Cited by145 opinions
- McLean v. City of New YorkNew York Court of Appeals · 2009
- Lauer v. City of New YorkNew York Court of Appeals · 2000
- Pelaez v. SeideNew York Court of Appeals · 2004
- City of Rome v. JordanSupreme Court of Georgia · 1993
- Williams v. Mayor of BaltimoreCourt of Appeals of Maryland · 2000
140 more not listed; retrieve them via the Exa API.