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VALDEZ v. CITY OF NEW YORK

No. 153.

18 N.Y.3d 69 (2011)

2011 NY Slip Op 7252

CARMEN VALDEZ, Individually and as Mother and Natural Guardian of CEASAR MARTI and Another, Infants, Appellant, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided October 18, 2011.

Attorney(s) appearing for the Case

Sivin & Miller, LLP, New York City ( Edward Sivin of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Mordecai Newman and Larry A. Sonnenshein of counsel), for respondents.

Fried, Frank, Harris, Shriver & Jacobson LLP, New York City ( Janice MacAvoy , Margaret E. Hirce and Brenna C. Terry of counsel), and Sandra S. Park for New York City Bar Association and others, amici curiae.

Judges CIPARICK, READ, SMITH and PIGOTT concur with Judge GRAFFEO; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion; Judge JONES dissents and votes to reverse in another opinion.

OPINION OF THE COURT

GRAFFEO, J.

After her estranged boyfriend shot her, causing serious injuries, plaintiff Carmen Valdez sued the City of New York for failing to provide her with adequate police protection to prevent the attack. The primary issue before us is whether there was sufficient evidence in the record to establish the existence of a special relationship between Valdez and the police. Because we...

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