Legal Opinion
Merced v. City of New York
New York Court of Appeals
Decided January 18, 1990PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, defendant’s motion for judgment notwithstanding the verdict granted and judgment entered in defendant’s favor dismissing the complaint.
A municipality may not be held liable for injuries resulting from the failure to provide police protection to an individual absent a "special relationship” between the municipality and the individual (Kircher v City of Jamestown, 74 NY2d 251, *800255; Cuffy v City of New York, 69 NY2d 255, 260). Such a relationship cannot be established without proof that the injured party…
2Cases cited2 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- Kircher v. City of JamestownNew York Court of Appeals · 1989
3Cited by31 opinions
- Brown v. State of New YorkNew York Court of Appeals · 1996
- Applewhite v. Accuhealth, Inc.New York Court of Appeals · 2013
- Pelaez v. SeideNew York Court of Appeals · 2004
- Mastroianni v. County of SuffolkNew York Court of Appeals · 1997
- Dawson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
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