Can a municipality be held liable for failure to provide adequate police and fire protection?

"New York", United States of America

The following excerpt is from Motyka v. City of Amsterdam, 15 N.Y.2d 134, 204 N.E.2d 635, 256 N.Y.S.2d 595 (N.Y. 1965):

In the case of municipalities, as of other defendants, tort liability has been held to exist where there has been some relationship on the part of the defendant to the plaintiff creating a duty to use due care for the benefit of particular persons or classes of persons (e. g., Schuster v. City of New York, supra, and cases therein cited) but we have never gone so far as to hold that a general liability exists to the public for civil damage in event of failure to supply adequate police or fire protection. Schuster v. City of New York was criticized in 44 Cornell Law Quarterly 441 for stopping short of that result.

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