Laratro v. City of New York

Marlow, J. (dissenting).

As a general rule, a municipality is not liable for injuries sustained as the result of a failure to perform a governmental function, an immunity which includes *193providing police and fire protection and emergency assistance (see Cuffy v City of New York, 69 NY2d 255 [1987]; De Long v County of Erie, 60 NY2d 296 [1983]). This rule stems from the principle that a municipality’s duty to provide protection or assistance is owed to the public at large, not to any one individual (see Cuffy, supra; accord Kircher v City of Jamestown, 74 NY2d 251 [1989]). A tort claim will be…