Legal Opinion

Valdez v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 2010PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Catterson, J.

In this action, plaintiff Carmen Valdez is seeking damages for injuries she sustained after her former boyfriend shot and seriously wounded her outside her apartment. The shooting followed a telephone call in which the boyfriend, Felix Perez, threatened to kill the plaintiff. It is undisputed that the assault occurred approximately 24 hours after a police officer, who knew that the plaintiff had an order of protection against Perez, told her that the police would arrest him immediately.

The plaintiff asserts a “special relationship” exception to the general…

2Cases cited14 opinions

  1. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  2. De Long v. County of ErieNew York Court of Appeals · 1983
  3. McLean v. City of New YorkNew York Court of Appeals · 2009
  4. Pelaez v. SeideNew York Court of Appeals · 2004
  5. Mastroianni v. County of SuffolkNew York Court of Appeals · 1997

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3Cited by6 opinions

  1. Valdez v. City of New YorkNew York Court of Appeals · 2011
  2. Albino v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  3. Signature Health Center, LLC v. StateNew York Court of Claims · 2010
  4. Doe v. Turnmill LLCNew York Supreme Court · 2017
  5. Rosado v. AlhatiAppellate Division of the Supreme Court of the State of New York · 2011

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