Practice point: Defendants' motion for summary judgment dismissing the complaint was granted. In the absence of any evidence that defendants assumed an affirmative duty to protect plaintiff from attacks by her husband, defendants do not owe a duty of care to plaintiff. The statements allegedly made by police officers and other employees of defendants - that plaintiff's husband would spend time in jail, and that the police would provide protection of an unspecified nature - were too vague to constitute promises giving rise to a duty of care.
Student note: The lack of any such duty also warranted the dismissal of the infant plaintiff's claim for negligent infliction of emotional distress.
Case: Coleson v. City of New York, NY Slip Op 03409 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Real estate commissions and bonus contracts with unlicensed persons.
