MERCED v. CITY OF NEW YORK


75 N.Y.2d 798 (1990)

Norma Merced, as Administratrix of The Estate of Denise L. B. Merced, Deceased, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 18, 1990.


Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (John Hogrogian of counsel), for appellant.

Martin S. Rothman for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR. and BELLACOSA.


MEMORANDUM.

The order of the Appellate Division should be reversed, defendant's motion for judgment notwithstanding the verdict granted and judgment entered in defendant's favor dismissing the complaint.

A municipality may not be held liable for injuries resulting from the failure to provide police protection to an individual absent a "special relationship" between the municipality and the individual (Kircher v...

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