Law School Case Briefs

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Florence v. Goldberg

New York Court of Appeals (1978) | 44 N.Y. 189

4 min read

TL;DR: A city was held liable for a child's injury at an unguarded school crossing because its police department voluntarily assumed a duty to provide guards, and the child's parent relied on that protection, creating a special relationship and an exception to governmental immunity.

Legal Significance: This case establishes that a municipality can be liable for negligently performing a voluntarily assumed duty when it creates a special relationship with a specific class of persons who justifiably rely on that performance.