Summary
In Helman, plaintiff, whose business was destroyed by fire, alleged that the damage was caused by the County's failure to respond to a neighbor's self-initiated fire distress call to 911.
Summary of this case from Kircher v. City of JamestownOpinion
Argued February 7, 1986
Decided March 20, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Edmund L. Shea, J.
Jeffrey Canale and William V. Canale for appellant.
Jason L. Shaw for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 111 A.D.2d 560). Completely absent in this case was any "direct contact between agents of the municipality and the injured party", upon which a special duty could be predicated (Sorichetti v City of New York, 65 N.Y.2d 461, 469; see also, Yearwood v Town of Brighton, 64 N.Y.2d 667).
Concur: Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Judge SIMONS.