Riss v. City of New York

Steuer, J. P.

It would serve no purpose to iterate the facts leading up to the tragic incident which resulted in the horrible injuries suffered by this plaintiff. Sufficient is set out in the dissenting opinion.

The question is whether plaintiff raised an issue calling for submission to a jury as to whether the defendant, through its Police Department, was negligent. The claimed negligence is the failure to provide personal police protection to plaintiff. It must be conceded that, absent special circumstances, there is no duty resting on a municipality or other governmental body to provide…