DeLong v. County of Erie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
A municipality cannot be cast in damages for mere failure to provide adequate police protection (Riss v City of New York, 22 NY2d 579). But “where a municipality assumes a duty to a particular person or class of persons, it must perform that duty in a nonnegligent manner * * * As Chief Judge Cardozo succinctly stated: ‘The hand once set to a task may not always be withdrawn with impunity though liability would fail if it had never been applied at all.’ (Moch Co. v Rensselaer Water Co., 247 NY [160], at p 167)” (Florence v Goldberg, 44 NY2d 189,196; see…
2Cases cited21 opinions
- Schuster v. City of New YorkNew York Court of Appeals · 1958
- Riss v. City of New YorkNew York Court of Appeals · 1968
- Weiner v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1982
- Tilley v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1862
- Juiditta v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1980
16 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Maple v. City of OmahaNebraska Supreme Court · 1986
- Carlson v. PorterAppellate Division of the Supreme Court of the State of New York · 2008
- Morrissey v. Welsh Co.Court of Appeals for the Eighth Circuit · 1987
- Cyran v. Town of WareMassachusetts Supreme Judicial Court · 1992
- Yearwood v. Town of BrightonAppellate Division of the Supreme Court of the State of New York · 1984
52 more not listed; retrieve them via the Exa API.