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MALERBA v. INC. VILL. OF HUNTINGTON BAY

78 A.D.2d 899 (1980)

Robert F. Malerba et al., Respondents, v. Incorporated Village of Huntington Bay et al., Appellants, et al., Defendant

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

November 24, 1980

Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed. Summary judgment in favor of the appellants should have been granted.

Although a refusal by the police to render assistance to an individual can have serious effects, a municipality cannot be cast in damages for the police failure to perform unless the plaintiff can show that the police owed a "special duty" to him upon which he could rely (Gordon v Holt,

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