What is the test for determining whether a municipality has acted reasonably by failing to properly respond to an emergency call-out?

"New York", United States of America

The following excerpt is from De Long v. Erie County, 457 N.E.2d 717, 469 N.Y.S.2d 611, 60 N.Y.2d 296 (N.Y. 1983):

[457 N.E.2d 722] [60 N.Y.2d 306] Whether a special duty has been breached is generally a question for the jury to decide (see, e.g., Florence v. Goldberg, supra, 44 N.Y.2d p. 197, 404 N.Y.S.2d 583, 375 N.E.2d 763). But it should be emphasized that whether the municipality has acted reasonably depends upon the circumstances of the particular case. When an emergency service is involved it must be recognized that the circumstances are often quite demanding and that some mistakes will occur, even when the service is well organized and conscientiously administered. Allowance must be made for this and although any error, however slight, may have dire consequences it will not always justify an award for damages. In this case, however, there was ample basis for the jury to conclude that neither defendant exercised ordinary care in the handling

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