Legal Opinion
Prasad v. County of Orange
New York Supreme Court
Decided October 25, 1993PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Howard Miller, J.
At the close of plaintiffs’ case, defendant County of Orange (County) moves to dismiss for failure to establish a prima facie case, based upon plaintiffs’ failure to establish that the County owed them a special duty and, in particular, failed to establish direct contact between the County and the plaintiffs, a necessary prong of the four-point test enunciated in Cuffy v City of New York (69 NY2d 255).
Cuffy (supra) concerns the duty of a municipality to provide police protection to a particular citizen. Even prior to Cuffy it had long been established that…
2Cases cited14 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- White v. GuarenteNew York Court of Appeals · 1977
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- Bartels v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by4 opinions
- Boland v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- McLean v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
- McLean v. City of New YorkNew York Supreme Court · 2007
- R.B. v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 1995