COLESON v. CITY OF NEW YORK

9686, 26826/04.

106 A.D.3d 474 (2013)

964 N.Y.S.2d 419

2013 NY Slip Op 3409

JANDY COLESON, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 9, 2013.


Defendants' motion for summary judgment dismissing the complaint was properly granted. In the absence of any evidence that defendants assumed an affirmative duty to protect plaintiff from attacks by her husband, defendants do not owe a duty of care to plaintiff (see Valdez v City of New York, 18 N.Y.3d 69 [2011]). The statements allegedly made by police officers and other employees of defendants — that plaintiff's husband...

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