Coleson v. City of New York

Order, Supreme Court, Bronx County (Larry S. Schachner, T.), entered on or about March 12, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, affirmed, without costs.

Defendants’ motion for summary judgment dismissing the complaint was properly granted. In the absence of any evidence that defendants assumed an affirmative duty to protect plaintiff from attacks by her husband, defendants do not owe a duty of care to plaintiff (see Valdez v City of New York, 18 NY3d 69 [2011]). The statements allegedly made by police officers and other employees of…