SCHUSTER v. CITY OF NEW YORK


286 A.D. 389 (1955)

Max Schuster, as Administrator of The Estate of Arnold L. Schuster, Deceased, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1955.


Attorney(s) appearing for the Case

Harry H. Lipsig and Joseph N. Friedman for appellant.

Peter Campbell Brown, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.

NOLAN, P. J., WENZEL, MACCRATE and UGHETTA, JJ., concur; BELDOCK, J., dissents and votes to reverse the order and judgment and to deny the motion, with opinion.


Per Curiam.

Plaintiff seeks damages claimed to have been sustained because of the failure of the police to protect adequately his intestate from violence after the latter had informed the police of the whereabouts of a notorious criminal who was then arrested. It is alleged that the police were notified of threats against intestate's person and life, but withdrew protection and refused to grant protection after request...

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