Mastroianni v. County of Suffolk

OPINION OF THE COURT

Smith, J.

Plaintiff’s complaint seeks damages stemming from an alleged failure to provide plaintiff’s decedent with protection after the police department had been directly notified that decedent’s husband had violated an order of protection. We *201conclude that a special relationship between the police department and the decedent arose from the circumstances presented. We further conclude that a question of fact has been raised concerning the department’s duty of care owed to plaintiff’s decedent due to the existence of this special relationship. Accordingly, summary judgment…