New York Court of Appeals – The court set out the elements of a special relationship between a municipality and a plaintiff which would negate a municipality’s claim to immunity: ‘(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.’
(1987) 513 NYS2d 372, (1987) 505 NE2d 937, (1987) 69 NY2d 255
United States
Cited by:
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.556809