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Torts Keyed to Prosser
Riss v. New York
Citation:
22 N.Y.2d 579, 240 N.E.2d 860, 293 N.Y.S.2d 897Facts
Linda Riss (plaintiff) was pursued romantically by Burton Pugach. Riss rejected Pugach’s advances. Pugach did not take kindly to Riss’s repeated refusals. On multiple occasions, Pugach threatened retaliation if Riss did not yield to his advances. Riss alerted the New York law enforcement multiple times of Pugach’s threats of personal harm to her. Her pleas for help were ignored each time. When Riss became engaged to another man, Pugach called her and warned that it was her “last chance.” Riss called the New York police, begging for help, but was refused. The next day, Pugach hired a person to throw lye in Riss’s face. She was blinded in one eye and lost a good portion of her vision in the other eye as a result of the incident. Riss sued the City of New York (defendant) for failing to protect her from Pugach. The trial court dismissed her complaint and the Appellate Division affirmed. Riss appealed.
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