Dennis S. DeLong, Individually and as Administrator of The Estate of Amalia DeLong, Deceased, Respondent,
v.
County of Erie et al., Appellants
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
November 9, 1982
November 9, 1982
Attorney(s) appearing for the Case
Palmer, Heffernan, Wickser & Beyer (John J. Heffernan and Peter M. Kooshoian of counsel), for County of Erie, appellant.
Joseph P. McNamara, Corporation Counsel (Carl Tronolone of counsel), for City of Buffalo, appellant.
Garvey, Magner & Love, P. C. (Philip H. Magner, Jr., of counsel), for respondent.
DILLON, P. J., DENMAN, MOULE and SCHNEPP, JJ., concur with HANCOCK, JR., J., as to affirmance of verdict for conscious pain and suffering. DILLON, P. J. and SCHNEPP, J., concur in affirmance of verdict for wrongful death in an opinion by DENMAN, J., from which HANCOCK, JR., and MOULE, JJ., dissent in a separate opinion by HANCOCK, JR., J.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
HANCOCK, JR., J.
A municipality cannot be cast in damages for mere failure to provide adequate police protection (Riss v City of New York, 22 N.Y.2d 579). But "where a municipality assumes a duty to a particular person or class of persons, it must perform that duty in a nonnegligent manner * * * As Chief Judge CARDOZO succinctly stated: `The hand once set to a task may...
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