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MASTROIANNI v. SUFFOLK COUNTY

184 Misc.2d 125 (2000)

705 N.Y.S.2d 504

ANTHONY MASTROIANNI, as Public Administrator of the Estate of ADELL P. SWIGGETT, Deceased, Plaintiff, v. COUNTY OF SUFFOLK et al., Defendants.

Supreme Court, Suffolk County.

January 12, 2000.

Attorney(s) appearing for the Case

Bauman & Kunkis, P. C., New York City (Steven C. Pepperman of counsel), for plaintiff.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Garrett W. Swenson of counsel), for defendants.

OPINION OF THE COURT

ALAN D. OSHRIN, J.

In this action the plaintiff seeks damages stemming from an alleged failure to provide the plaintiff's decedent with protection after the Police Department had been directly notified that the decedent's husband had violated an order of protection. The incident occurred on September 15, 1985. The matter has been the subject of extensive litigation and in December 1997 the Court of Appeals determined that a special relationship...

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