Valdes v. New York City Housing Authority

Full title: ANTHONY VALDES, an Infant, by His Mother and Natural Guardian, ELIZABETH…

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

Date published: Nov 6, 1997

244 A.D.2d 175 (N.Y. App. Div. 1997)

665 N.Y.S.2d 261

Opinion

November 6, 1997

Appeal from the Supreme Court, Bronx County (Stanley Green, J.).

The IAS Court properly dismissed the complaint for failure to allege facts supporting the existence of the "special relationship" required in order to impose liability on defendant for failing to provide adequate police protection (see, Cuffy v. City of New York, 69 N.Y.2d 255). Such relationship cannot be premised upon an alleged 911 call made by a third party to the police (see, Harris v. New York City Hous. Auth., 187 A.D.2d 362). In addition, plaintiffs failed to establish that defendant owned, operated, managed, controlled or maintained the grocery store where the infant plaintiff was allegedly injured.

Concur — Wallach, J. P., Nardelli, Tom, Mazzarelli and Colabella, JJ.