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RIZZO v. CITY OF NEW YORK

187 A.D.2d 382 (1992)

Thomas D. Rizzo, as Executor of Peter Cyrus-Rizzo, III, Deceased, Appellant, v. City of New York et al., Respondents

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

November 19, 1992

As the decedent was working in his capacity as a government employee (Chairman of the Fire Department Pension Fund's Medical Board) when he was shot and killed by an applicant who was denied accident disability retirement, plaintiff was required to demonstrate that a "special duty" existed between the decedent and the government entity before defendants could be held liable for alleged security failures (see, Bonner v...

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