Malerba v. Incorporated Village of Huntington Bay

429 N.E.2d 410, 54 N.Y.2d 863, 444 N.Y.S.2d 903, 1981 N.Y. LEXIS 3079

Opinion

OPINION OF THE COURT

Memorandum. .

The order of the Appellate Division should be affirmed, with costs, on the memorandum of the Appellate Division. We add only that, assuming that awareness by the police of an impending attack would be sufficient to create a special duty, the affidavit in opposition contains nothing from which such awareness can be inferred and, in any event, because it is by a person other than the one who spoke to the police, would be insufficient on that question (Zuckerman v City of New York, 49 NY2d 557, 563).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.