ZWART v. TOWN OF WALLKILL


192 A.D.2d 831 (1993)

596 N.Y.S.2d 557

Donald P. Zwart, Individually and as Administrator of The Estate of Jacqueline Zwart, Deceased, Respondent, v. Town of Wallkill et al., Defendants, and City of Middletown et al., Appellants

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

April 15, 1993


Mahoney, J.

Involved in this appeal is a wrongful death action against, among others, defendants City of Middletown (hereinafter the City) and Barry Bernstein (hereinafter collectively referred to as defendants) predicated upon the failure to provide police protection. The sole issue presented for review is whether plaintiff adduced sufficient evidence in opposition to defendants' motion for summary judgment...

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