Opinion · New York Court of Appeals

Malerba v. Incorporated Village of Huntington Bay

Malerba v. Inc. Vill. of Huntington Bay, 54 N.Y.2d 863 (New York Court of Appeals 1981)

Type: Opinion
Court: New York Court of Appeals
Jurisdiction: New York
Date: 1981-10-13
Topic: capital-markets-and-corporate-governance

OPINION OF THE COURT Memorandum. . The order of the Appellate Division should be affirmed, *865with costs, on the memorandum of the Appellate Division. We add only that, assuming that awareness by the police of an impending attack would be sufficient to create a special duty, the affidavit in opposition contains nothing from which such awareness can be inferred and, in any event, because it is by a person other than the one who spoke to the police, would be insufficient on that question (Zuckerman v City of New York, 49 NY2d 557, 563). Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur. Order affirmed, with costs, in a memorandum.

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Cited by: 2 opinions

OPINION OF THE COURT

Memorandum. .

The order of the Appellate Division should be affirmed, *865 with costs, on the memorandum of the Appellate Division. We add only that, assuming that awareness by the police of an impending attack would be sufficient to create a special duty, the affidavit in opposition contains nothing from which such awareness can be inferred and, in any event, because it is by a person other than the one who spoke to the police, would be insufficient on that question (Zuckerman v City of New York, 49 NY2d 557, 563).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.