PINKNEY v. CITY OF NEW YORK


50 A.D.2d 928 (1975)

Eddie Pinkney et al., Appellants, v. City of New York, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 31, 1975


Interlocutory judgment affirmed, insofar as appealed from, without costs.

We concur with the Trial Term that, under the facts herein, no special duty arose to require the police to give plaintiff Eddie Pinkney protection and accordingly the defendant city cannot be subjected to liability for any resultant injuries (Riss v City of New York, 22 N.Y.2d 579; cf. Evers v Westerberg, 38 A.D.2d 751...

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