Mastroianni v. County of Suffolk

OPINION OF THE COURT

Alan D. Oshrin, J.

In this action the plaintiff seeks damages stemming from an alleged failure to provide the plaintiffs decedent with protection after the Police Department had been directly notified that the decedent’s husband had violated an order of protection. The incident occurred on September 15, 1985. The matter has been the subject of extensive litigation and in December 1997 the Court of Appeals determined that a special relationship existed between the municipality and the injured party and, therefore, that the plaintiff had a viable claim (91 NY2d 198 [1997]).

Thi…