Legal Opinion · Dissent
Walsh v. Town of Cheektowaga
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1997Published
1Dissent
Boehm, J. (dissenting).
If we were to establish a general principle, it would be that municipalities are not liable for the failure to provide police protection (see, Weiner v Metropolitan Transp. Auth., 55 NY2d 175; Riss v City of New York, 22 NY2d 579; Motyka v City of Amsterdam, 15 NY2d 134). There is a narrow exception to this rule, which exists only when there is a "special relationship” that has been assumed by the municipality or its agents (see, Sorichetti v City of New York, 65 NY2d 461; Florence v Goldberg, 44 NY2d 189; Parvi v City of Kingston, 41 NY2d 553; Schuster v City of New…
2Cases cited21 opinions
- Palsgraf v. Long Island R.R. 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
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Schuster v. City of New YorkNew York Court of Appeals · 1958
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