Badillo v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*308Orders, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered July 14, 2005, which, in consolidated actions for personal injury and wrongful death, granted defendants’ motions to dismiss all four complaints for failure to state a cause of action, unanimously affirmed, without costs.
Plaintiffs allege that the four teenage boys drowned because emergency personnel did not respond to a 911 cell phone call made by one of the decedents. The complaints, given every favorable inference did not show justifiable reliance demonstrating the special relationship necessary to impose liability…
2Cases cited5 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- De Long v. County of ErieNew York Court of Appeals · 1983
- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Grieshaber v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2001
- Haggerty v. DiamondAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by3 opinions
- Carossia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Valdez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Rivera v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011