BAIN v. CITY OF ROCHESTER


115 A.D.2d 957 (1985)

Josephine Bain, as Administratrix of The Estate of Israel Washington, Jr., Deceased, Respondent, v. City of Rochester, Appellant

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

December 20, 1985


Judgment unanimously reversed, on the law, without costs, and complaint dismissed.

Memorandum:

Plaintiff seeks to hold the defendant municipality liable in negligence for the conduct of its police officers in allegedly failing to exercise reasonable care in responding to the request of her intestate to investigate, disarm and arrest the assailant who eventually murdered him, after earlier threatening to kill him. It is settled that liability may be imposed...

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