Stata v. Village of Waterford

225 A.D.2d 163, 649 N.Y.2d 232, 649 N.Y.S.2d 232, 1996 N.Y. App. Div. LEXIS 11449
Appellate Division of the Supreme Court of the State of New York·Decided November 7, 1996·Published·Cited by 13 cases

Opinion

OPINION OF THE COURT

Spain, J.

This action arises out of a fire which occurred during the early morning hours of May 3, 1990 at the Waterford Inn in the Town of Waterford, Saratoga County. Plaintiff and his wife, the decedent herein, were tenants of a second-floor single room efficiency apartment on the east side of the Inn, also known as room No. 6. Defendants Village of Waterford and the Waterford Village Fire District (hereinafter collectively referred to as defendants) provided fire protection for that portion of the Town of Waterford and, on the morning in question, responded to the fire.

Decedent woke plaintiff between 3:00 a.m. and 3:30 a.m. and told him that there was a fire. Plaintiff looked out the window and saw flames on the wooden railing and walkway in front of the door to their room and determined that the only way to get out was to run through the flames on the walkway and around the corner to the metal stairs leading to ground level. Plaintiff directed decedent to wet down her clothing in the shower and follow him; he opened the door and led the way through the flames to the nearby corner of the second floor walkway which had not yet started to burn. At that point he discovered that decedent had not followed him. He tried two or three times to run back through the flames to rescue her but only got half [165]*165way to their room before the flames burned him and forced him to retreat. He then ran along the second floor walkway around to the east side or opposite side of the Inn, which was not on fire; there he found a small fire extinguisher and returned to the fire where he tried unsuccessfully to extinguish the flames.

Plaintiff then returned to the opposite side of the Inn where he attempted to break through the wall of room No. 2 which was immediately opposite to and which shared a common rear wall with room No. 6. There he could hear decedent screaming from the other side of the wall. Plaintiff began to strike the sheetrock wall in room No. 2 with the fire extinguisher, but was only able to make a small hole in the wall because the fire extinguisher proved to be too blunt to fully penetrate; meanwhile, decedent was still screaming. Plaintiff left room No. 2 in search of a more effective object with which to break open the wall when he noticed defendants’ firefighters arriving with a fire truck. As they began to prepare to fight the fire, plaintiff began yelling to them to rescue his wife through the wall in Room No. 2.

Plaintiff testified at his deposition that the firefighters did not respond to his pleas and continued their preparations and that he ran down the stairs to them, pleading with them to go through room No. 2 to get his wife out. Plaintiff further testified that while decedent was still screaming and while the fire had not spread to room No. 2, he tried to go across the road to an automobile repair shop, intending to get a sharp tool or instrument, return to room No. 2 and cut through the wall himself to rescue decedent. It was at that point that the firefighters, at the direction of their chief, chased him, grabbed him and stopped him from going across the road and from returning to the blazing building. They began treating his burns and placed him in an ambulance where they strapped him in and took him to a nearby hospital.

An eyewitness asserts in an affidavit that at that point he went up to room No. 2 where he could hear decedent screaming behind the wall; that he ran out to the firefighters and also pleaded with them, unsuccessfully, to go directly to room No. 2 and break the wall down. Plaintiff, supported by the affidavit of the same eyewitness, asserts that 15 minutes passed after he was restrained before the fire spread to the west side of the [166]*166Inn where room No. 2 was located.1 Although firefighters eventually began an attempt to break through the common wall in room No. 2, they withdrew when directed by their superior because the fire had spread to the roof above them.

Decedent perished; her body was later found on the ground floor of the Inn after the floor to room No. 6 had collapsed. Plaintiff received serious burns. Plaintiff thereafter commenced this action to recover damages for decedent’s personal injuries and wrongful death as well as for his own personal injuries. The complaint alleges that defendants were negligent in their handling of the fire and rescue attempts and in affirmatively hampering and restraining plaintiff’s efforts to rescue decedent. Defendants moved for summary judgment. Supreme Court found that because the evidence proffered suggested that defendants’ firefighters forcefully restrained plaintiff from rescuing decedent, defendants had performed an affirmative act which gave rise to a duty to decedent. Finding that such a duty existed with respect to decedent, Supreme Court denied the motion.2 Defendants now appeal.

It is well settled that a municipality may not be held liable for injuries resulting from its failure to provide adequate police or fire protection absent a special relationship existing between the municipality and the injured party (see, Kircher v City of Jamestown, 74 NY2d 251, 255-256; Cuffy v City of New York, 69 NY2d 255, 260; De Long v County of Erie, 60 NY2d 296, 304). The refusal to impose liability in the absence of a special relationship derives from the basic principle that a municipality’s duty to provide police or fire protection ordinarily is one owed to the general public and not to any specific person or class (see, Kircher v City of Jamestown, supra, at 256; Cuffy v City of New York, supra, at 260). Moreover, because a municipality’s provision of police and fire protection to its citizens has been regarded as a resource-allocating function, the decision as to how to best allocate limited community resources to provide such services is properly left to the discretion of policy makers (see, Kircher v City of Jamestown, supra, at 256; Cuffy v City of New York, supra, at 260; Weiner v Metropolitan Transp. Auth., 55 NY2d 175, 182).

[167]*167However, where a municipality voluntarily undertakes to act on behalf of a specific citizen, who relies on a promise of protection offered by the municipality to his or her detriment, liability will attach because the municipality will have created a special relationship with the citizen seeking protection (see, Kircher v City of Jamestown, supra, at 256). The elements necessary to establish such a special relationship are as follows: "(1) an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality’s agents that inaction could lead to harm; (3) some form of direct contact between the municipality’s agents and the injured party; and (4) that party’s justifiable reliance on the municipality’s affirmative undertaking” (Cuffy v City of New York, supra, at 260).

Construing the facts in a light most favorable to plaintiff, the nonmoving party, as we must on this motion for summary judgment (see, Coldwell Banker Residential Real Estate v Berner, 202 AD2d 949, 950; Russell v Hepburn Hosp., 154 AD2d 796, 797), it is our view that all four elements necessary to find a special relationship have been satisfied in this case. Notably, throughout the fire, decedent was isolated and trapped inside the burning room. She never made direct contact with the firefighters.

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Stata v. Village of Waterford, 225 A.D.2d 163, 649 N.Y.2d 232, 649 N.Y.S.2d 232, 1996 N.Y. App. Div. LEXIS 11449 (N.Y. Ct. App. 1996).

225 A.D.2d 163 (Stata v. Village of Waterford) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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