direct contact requirement (New York) · Go Syfert
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direct contact requirement in New York

10 New York opinions name it 3 courts 1989–2017 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Helman v. County of Warrengreen
nyappdiv · 1985 · cited in 3 New York opinions naming this issue, 1994–2005
2 sentences

2003Accordingly, the direct contact requirement for the special relationship exception was not satisfied (see Cuffy, supra at 261-262 ; Hancock v City of New York, 230 AD2d 603 [1996]; Helman v County of Warren, 111 AD2d 560, 561-562 [1985], affd 67 NY2d 799 [1986]).

1994(But cf., Yearwood v Town of Brighton, 101 AD2d 498 [4th Dept]), affd 64 NY2d 667 [1984].) In fact, in Cuffy (supra), the Court of Appeals noted that "the direct contact requirement has not been applied in an overly rigid manner” ( 69 NY2d, at 261 , supra) and that "the proper application of the 'direct contact’ requirement depends on the peculiar circumstances of each case, all of which must be considered in light of the policies underlying the narrow 'special duty’ doctrine.” (Supra, at 262.) Also in support of its assertion that plaintiffs claim is not actionable because Ms. Meriwether coul

23
Cuffy v. City of New Yorkgreen
ny · 1987 · cited in 7 New York opinions naming this issue, 1989–2017
2 sentences

2017In addition, while “the direct contact requirement has not been applied in an overly rigid manner” (Cuffy, 69 NY2d at 261 ), it is undisputed that there was no direct contact between plaintiff and the County.

2005Rather, particularly inasmuch as courts have remarked that the direct contact requirement is not applied in an overly rigid manner and the proper application thereof depends on the particular circumstances of each case (see Cuffy, 69 NY2d at 261-262 ), there was sufficient evidence to create a question of fact as to whether the contact on the part of Edelson acting on behalf of an incapacitated Laratro satisfies the direct contact requirement.

17
Kircher v. City of Jamestowngreen
ny · 1989 · cited in 2 New York opinions naming this issue, 1992–1996
2 sentences

1996Despite being presented with sympathetic circumstances, the Court since Sorichetti has declined to relax the direct contact requirement (see, Merced v City of New York, 75 NY2d 798 [where neighbors of the decedent, killed by her husband, called the 911 emergency number to request assistance for her]; Kircher v City of Jamestown, supra).

1996While the Court of Appeals in Sorichetti v City of New York ( 65 NY2d 461 ) relaxed the direct contact requirement, it has essentially limited Sorichetti to its facts, noting in Cuffy v City of New York ( 69 NY2d 255 ) that its deviation from said requirement in Sorichetti was attributable to the preexisting order of protection, the close relationship between the interests of the mother and those of the child, as well as the fact that the mother’s contact with the police had been initiated solely for the purpose of obtaining protection for her helpless child (see, Kircher v City of Jamestown,

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Laratro v. City of New York green
ny · 2006
2 sentences

2012Given that there is no allegation that plaintiff had direct contact with the police or even that she was aware that the police had been notified, the direct contact requirement of the special relationship test is not satisfied (see Laratro, 8 NY3d at 83 ).

2012Given that there is no allegation that plaintiff had direct contact with the police or even that she was aware that the police had been notified, the direct contact requirement of the special relationship test is not satisfied (see Laratro, 8 NY3d at 83 ).

32012–2012
Helman v. County of Warren green
ny · 1986
2 sentences

2005Helman v County of Warren, 111 AD2d 560, 561-562 [1985], affd 67 NY2d 799 [1986]), the concept of agency is relevant to the issue of “direct contact” in that, even when there is a close familial relationship, the contact made by the person close to the injured person must have been made on behalf of that injured person (Cuffy, 69 NY2d at 262 ).

2003Accordingly, the direct contact requirement for the special relationship exception was not satisfied (see Cuffy, supra at 261-262 ; Hancock v City of New York, 230 AD2d 603 [1996]; Helman v County of Warren, 111 AD2d 560, 561-562 [1985], affd 67 NY2d 799 [1986]).

22003–2005
Merced v. City of New York green
ny · 1990
2 sentences

1996Despite being presented with sympathetic circumstances, the Court since Sorichetti has declined to relax the direct contact requirement (see, Merced v City of New York, 75 NY2d 798 [where neighbors of the decedent, killed by her husband, called the 911 emergency number to request assistance for her]; Kircher v City of Jamestown, supra).

1996Despite being presented with sympathetic circumstances, the Court since Sorichetti has declined to relax the direct contact requirement (see, Merced v City of New York, 75 NY2d 798 [where neighbors of the decedent, killed by her husband, called the 911 emergency number to request assistance for her]; Kircher v City of Jamestown, supra).

21994–1996
Adderley v. City of New York green
nyappdiv · 2003
1 sentence

2005In Adderley v City of New York ( 304 AD2d 485 [2003], lv denied 100 NY2d 511 [2003]), where the caller was the decedent’s girlfriend and the mother of his child, and the decedent was unable to make the call because he was suffering from an asthma attack, it was held that the relationship was sufficient to find the direct contact prong of the special relationship test to have been established.

12005–2005
Hancock v. City of New York yellow
nyappdiv · 1996
1 sentence

2003Accordingly, the direct contact requirement for the special relationship exception was not satisfied (see Cuffy, supra at 261-262 ; Hancock v City of New York, 230 AD2d 603 [1996]; Helman v County of Warren, 111 AD2d 560, 561-562 [1985], affd 67 NY2d 799 [1986]).

12003–2003
Yearwood v. Town of Brighton green
ny · 1984
1 sentence

1994(But cf., Yearwood v Town of Brighton, 101 AD2d 498 [4th Dept]), affd 64 NY2d 667 [1984].) In fact, in Cuffy (supra), the Court of Appeals noted that "the direct contact requirement has not been applied in an overly rigid manner” ( 69 NY2d, at 261 , supra) and that "the proper application of the 'direct contact’ requirement depends on the peculiar circumstances of each case, all of which must be considered in light of the policies underlying the narrow 'special duty’ doctrine.” (Supra, at 262.) Also in support of its assertion that plaintiffs claim is not actionable because Ms. Meriwether coul

11994–1994
Towne Associates v. Behr neutral
ny · 1986
1 sentence

1994(But cf., Yearwood v Town of Brighton, 101 AD2d 498 [4th Dept]), affd 64 NY2d 667 [1984].) In fact, in Cuffy (supra), the Court of Appeals noted that "the direct contact requirement has not been applied in an overly rigid manner” ( 69 NY2d, at 261 , supra) and that "the proper application of the 'direct contact’ requirement depends on the peculiar circumstances of each case, all of which must be considered in light of the policies underlying the narrow 'special duty’ doctrine.” (Supra, at 262.) Also in support of its assertion that plaintiffs claim is not actionable because Ms. Meriwether coul

11994–1994
Yearwood v. Town of Brighton green
nyappdiv · 1984
1 sentence

1994(But cf., Yearwood v Town of Brighton, 101 AD2d 498 [4th Dept]), affd 64 NY2d 667 [1984].) In fact, in Cuffy (supra), the Court of Appeals noted that "the direct contact requirement has not been applied in an overly rigid manner” ( 69 NY2d, at 261 , supra) and that "the proper application of the 'direct contact’ requirement depends on the peculiar circumstances of each case, all of which must be considered in light of the policies underlying the narrow 'special duty’ doctrine.” (Supra, at 262.) Also in support of its assertion that plaintiffs claim is not actionable because Ms. Meriwether coul

11994–1994
Bogart v. Town of New Paltz green
nyappdiv · 1989
1 sentence

1992While recognizing that the direct contact requirement has not been applied in an "overly rigid manner” (Cuffy v City of New York, supra, at 261; see, Sorichetti v City of New York, 65 NY2d 461 , 469; Bogart v Town of New Paltz, 145 AD2d 110, 112-113 , lv denied 74 NY2d 608 ), we are unpersuaded by plaintiffs’ claim that the direct contact between defendant and the developer should be deemed to have run to them.

11992–1992

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