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Sorichetti v. City of New York

Court of Appeals of New York

482 N.E.2d 70 (1985)

Relevant factsFree

Josephine Sorichetti held a one-year protection order against her violent estranged husband Frank, which authorized police to arrest him for any violation, but the order still granted Frank weekend visitation with their daughter Dina; when Josephine picked up Dina after Frank threatened to kill her and injure Dina, she immediately reported the threats to police, who did nothing, and the next day, when Frank failed to return Dina as scheduled, police repeatedly told Josephine to keep waiting outside rather than acting on the protection order, eventually just taking her phone number and sending her home. Frank then brutally attacked Dina with multiple weapons; Josephine and Dina (plaintiffs) sued the City of New York (defendant) for the police's failure to act, won a jury verdict, and the City appealed, arguing it owed no duty to protect Dina.

IssueFree

Whether police owe a duty to provide reasonable protection to victims of threats made by a known, violent person in violation of a protection order.

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