Tuesday, January 2, 2007

For a cause of action to sound in negligence against a municipality there must have been a special relationship, which requires, among other things, direct contact with the plaintiff. See Badillo, January 1 post below. Can that direct contact be transferred?

No. On December 21, 2006, in Laratro v. City of New York, the Court of Appeals held that there was no special relationship when the City's 911 operator had not communicated directly with the plaintiff, but only with the plaintiff's co-worker, and, therefore, the plaintiff himself could not have relied on any undertaking by the 911 operator.