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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
CourtNew York Court of Appeals
DecidedOctober 13, 1981
StatusPublished
Cited by2 cases

This text of 429 N.E.2d 410 (Malerba v. Incorporated Village of Huntington Bay) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum. .

The order of the Appellate Division should be affirmed, [865]*865with 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.

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Related

Whitaker v. Estate of Murphy
12 Va. Cir. 490 (Henrico County Circuit Court, 1982)
Malerba v. INC. VILL. OF HUNTINGTON BAY
429 N.E.2d 410 (New York Court of Appeals, 1981)

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Bluebook (online)
429 N.E.2d 410, 54 N.Y.2d 863, 444 N.Y.S.2d 903, 1981 N.Y. LEXIS 3079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malerba-v-incorporated-village-of-huntington-bay-ny-1981.