Valdez v. City of New York

DeGrasse, J. (dissenting in part).

Plaintiffs former live-in boyfriend, Felix Perez, shot and seriously wounded her before fatally shooting himself. These acts were committed in the immediate presence of plaintiff’s then five-year-old twin sons. Plaintiff had been subjected to Perez’s ongoing threats and harassment. Accordingly, at plaintiffs instance, a police officer served Perez with an order of protection nine days before the incident. Perez continued to call and harass plaintiff nevertheless. Plaintiff testified that she reported these calls to Police Officer Torres of the 48th Precinct’s…