New York Court of Appeals, 2006

Halpin v. Town of Lancaster

New York Court of Appeals · Decided September 14, 2006 · Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith Concur in Memorandum

855 N.E.2d 1169; 7 N.Y.3d 827; 822 N.Y.S.2d 754 (North Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Gomez v. NYC Health + Hosps. S./Brooklyn Health (New York Supreme Court, Kings County 2025)
Barnes v. State of New York (Appellate Division of the Supreme Court of New York 2017)
Hanna v. St. Lawrence County (Appellate Division of the Supreme Court of New York 2006)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with *828 costs, and the certified question answered in the affirmative. The courts below properly concluded that plaintiff failed to state causes of action for breach of a special duty and breach of a duty voluntarily assumed. Absent proof of a special relationship, police, in dealing with domestic quarrels, “cannot be expected to predict and prevent irrational behavior” (Yearwood v Town of Brighton, 101 AD2d 498, 502 [4th Dept 1984] [op by Hancock, Jr., J.], affd for reasons stated below 64 NY2d 667 [1984]).

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.