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MASTROIANNI v. SUFFOLK COUNTY

91 N.Y.2d 198 (1997)

691 N.E.2d 613

668 N.Y.S.2d 542

Anthony Mastroianni, as Public Administrator of the Goods, Chattels and Credits of Adell P. Swiggett, Deceased, Appellant, v. County of Suffolk et al., Respondents.

Court of Appeals of the State of New York.

Decided December 2, 1997.

Attorney(s) appearing for the Case

Siben & Siben, Bay Shore (Frederick Fagelson of counsel), for appellant.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Peter Mayer and Denise F. Molia of counsel), for respondents.

Chief Judge KAYE and Judges TITONE, BELLACOSA, LEVINE, CIPARICK and WESLEY concur.

SMITH, J.

Plaintiff's complaint seeks damages stemming from an alleged failure to provide plaintiff's decedent with protection after the police department had been directly notified that decedent's husband had violated an order of protection. We conclude that a special relationship between the police department and the decedent arose from the circumstances presented...

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