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HALPIN v. TOWN OF LANCASTER

7 N.Y.3d 827 (2006)

855 N.E.2d 1169

822 N.Y.S.2d 754

MARCIA M. HALPIN, Individually and as Parent and Natural Guardian of SAMANTHA HALPIN and Another, Infants, Appellant, v. TOWN OF LANCASTER, Respondent.

Court of Appeals of New York.

Decided September 14, 2006.

Attorney(s) appearing for the Case

Magavern, Magavern & Grimm, L.L.P., Buffalo (Aven Rennie of counsel), for appellant.

Cohen & Lombardo, P.C., Buffalo (Christopher M. Duggan of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative. The courts below properly concluded that plaintiff failed to state causes of action for breach of a special duty and breach of a duty voluntarily assumed. Absent proof of a special relationship, police, in dealing with domestic quarrels, "cannot be expected...

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