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VALDEZ v. CITY OF NEW YORK

16507/97, 966, 966A

74 A.D.3d 76 (2010)

901 N.Y.S.2d 166

CARMEN VALDEZ, Individually and as Mother and Natural Guardian of CEASAR MARTI and Another, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided April 29, 2010.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Mordecai Newman , Larry A. Sonnenshein and Lavanya Pisupati of counsel), for appellants.

Sivin & Miller, LLP, New York City ( Edward Sivin of counsel), for respondents.

SAXE, J., concurs with CATTERSON, J.; ABDUS-SALAAM, J., concurs in a separate opinion; MAZZARELLI, J.P., and DEGRASSE, J., dissent in part in a separate opinion by DeGRASSE, J.

OPINION OF THE COURT

CATTERSON, J.

In this action, plaintiff Carmen Valdez is seeking damages for injuries she sustained after her former boyfriend shot and seriously wounded her outside her apartment. The shooting followed a telephone call in which the boyfriend, Felix Perez, threatened to kill the plaintiff. It is undisputed that the assault occurred approximately 24 hours after a police officer, who knew that the plaintiff had an order of protection against...

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