Merced v. City of New York
Cases that cite this one
28 later published cases cite this decision. The 25 that cite it most often are listed here.
- Fried v. Archer (Md. Ct. Spec. App. 2001)
- Martinez v. County of Suffolk (District Court, E.D. New York 2014)
- Brown v. State of New York (N.Y. 1996)
- Laratro v. City of New York (Appellate Division of the Supreme Court of New York 2005)
- Pelaez v. Seide (N.Y. 2004)
- Lauer v. City of New York (N.Y. 2000)
- Hancock v. City of New York (Appellate Division of the Supreme Court of New York 1996)
- Greene v. City of New York (Appellate Division of the Supreme Court of New York 1994)
- Hancock v. City of New York (New York Supreme Court 1994)
- Sutton v. City of New York (Appellate Division of the Supreme Court of New York 2014)
- Applewhite v. Accuhealth, Inc. (N.Y. 2013)
- WOOD, II, ROBERT W. v. NIGRO, JR., RICHARD J. (Appellate Division of the Supreme Court of New York 2011)
- Armstrong v. Scott (Appellate Division of the Supreme Court of New York 2005)
- Dixon v. Village of Spring Valley (Appellate Division of the Supreme Court of New York 2004)
- D'Ambra v. Di Donna (Appellate Division of the Supreme Court of New York 2003)
- Apostolakis v. Centereach Fire District (Appellate Division of the Supreme Court of New York 2002)
- Gillette v. City of Elmira (Appellate Division of the Supreme Court of New York 2001)
- Burger v. County of Onondaga (Appellate Division of the Supreme Court of New York 2000)
- Luisa R. v. City of New York (Appellate Division of the Supreme Court of New York 1999)
- Jessop v. City of Niagara Falls (Appellate Division of the Supreme Court of New York 1998)
- Mastroianni v. County of Suffolk (N.Y. 1997)
- Boland v. State of New York (Appellate Division of the Supreme Court of New York 1996)
- Lorber v. Hamburg (Appellate Division of the Supreme Court of New York 1996)
- Dawson v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 1994)
- Boland v. State (N.Y. Ct. Cl. 1994)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, defendant’s motion for judgment notwithstanding the verdict granted and judgment entered in defendant’s favor dismissing the complaint.
A municipality may not be held liable for injuries resulting from the failure to provide police protection to an individual absent a "special relationship” between the municipality and the individual (Kircher v City of Jamestown, 74 NY2d 251,
Here, there was no evidence that the decedent contacted the municipality’s agents or relied on any assurances of assistance, and the involvement of third parties did not satisfy these requirements. On this record, we cannot conclude that the municipality’s conduct deprived decedent of assistance that reasonably could have been expected from another source (cf., Sorichetti v City of New York, 65 NY2d 461; Florence v Goldberg, 44 NY2d 189).
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone and Hancock, Jr., concur; Judge Bellacosa concurs on constraint of Kircher v City of Jamestown (74 NY2d 251), noting that this "911” domestic violence case represents another troublesome application of the special duty municipal liability immunity rule and that the court itself recognized in Kircher (id., at 259) that change would have to come from the Legislature.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, defendant’s motion for judgment notwithstanding the verdict granted, and judgment granted in defendant’s favor dismissing the complaint, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.