New York Law (NYLE) Practice Exam

In an action against a municipality for failure to provide police protection, which factor is not necessary to prove a "special relationship"?

1. An assumption of an affirmative duty to act

2. Knowledge of potential harm by municipality's agents

3. Reckless or intentional conduct by municipality's agents

4. Justifiable reliance on the municipality's undertaking

The correct answer is: Reckless or intentional conduct by municipality's agents

In order to establish a "special relationship" with a municipality in an action for failure to provide police protection, the plaintiff must show several key factors. These are typically an assumption of an affirmative duty to act, knowledge of potential harm by the municipality's agents, and justifiable reliance on the municipality's undertaking. The consideration of reckless or intentional conduct by the municipality's agents is not a necessary component in establishing that special relationship. The court does not require proof of such conduct to determine whether the municipality had a duty to protect an individual or a specific class of individuals. Instead, the focus lies on whether the plaintiff can demonstrate that a unique set of circumstances existed that would give rise to a duty. Thus, to prove a "special relationship," the plaintiff must demonstrate those fundamental elements without needing to show that the agents acted recklessly or intentionally. Hence, the correct answer highlights that this specific element is not a prerequisite for establishing the special relationship required for liability against a municipality in cases involving police protection.