Court of Appeals of New York
505 N.E.2d 937 (1987)
Joseph and Eleanor Cuffy (plaintiff) lived in the upper apartment of a two-family house with their son Cyril (plaintiff). The Cuffys rented the lower unit of the house to Joel and Barbara Atkins. Throughout the lease, the Cuffys and the Atkins were involved in several altercations. In July 1981, Joel physically confronted Eleanor. Joseph went to the police to ask for protection for his family. Joseph told the police that he intended to move his family if an arrest was not made, and the police promised to take action the following morning. The Cuffys stayed in the house, but the police did not follow up. The following evening, Ralston Cuffy (plaintiff), another son of the Cuffys, arrived at the Cuffy’s home and was struck by a baseball bat wielded by Joel. Eleanor and Cyril attempted to aid Ralston, but Barbara attacked both of them with a knife. All three Cuffys were severely injured. Eleanor, Cyril, and Ralston brought a claim against the City of New York (the city), claiming that the city had a special duty to protect the Cuffys due to the promise of protection made by the police. The trial court returned a verdict in favor of the Cuffys, and the appellate division affirmed. The city appealed.
Rule of Law
Holding and Reasoning (Titone, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 218,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.