RISS v. CITY OF NEW YORK N.Y.C.A., 22 N.Y.2d 529 (1968). CASE BRIEF

RISS V. CITY OF NEW YORK

N.Y.C.A., 22 N.Y.2d 579 (1968)

NATURE OF THE CASE: Riss (P) contested an order of the Appellate Division of the Supreme Court in which the court affirmed the lower court's dismissal of P's complaint alleging that City of New York (D) was liable for its failure to protect her following threats from a rejected suitor.

FACTS: Over a six-month period, Linda Riss (P) was stalked and threatened by a rejected suitor named Burton Pugach, attorney at law. He threatened, 'If I can't have you, no one else will have you, and when I get through with you, no one else will want you.' P reported these threats to the police. The help she was given was not commensurate with the identifiable danger. On June 14, 1959, P became engaged to another man and was threatened again on the phone. P called the police and begged them for help. They did nothing. The next day, a thug hired by Pugach threw lye in P's face. P was blinded in one eye, lost a good portion of her vision in the other, and her face was permanently scared. P sued the City of New York (D) for the negligent failure of the NYPD to protect her. The complaint was dismissed. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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