Asking For Help in a Dangerous Situation Creates a Duty of Care


The Appellate Division has reversed a trial court’s dismissal of a lawsuit arising out of an individual who was fatally shot while investigating a robbery. In this case, Cosme Novaly, a friend and neighbor of defendant Jean Robert Vertus, was shot in front of Vertus Financial Services by a robber leaving the premises. Vertus operated his business in Irvington which he noted that “in Irvington you have to be scared for your life.” Additionally, three-year before the shooting of Novaly, Vertus had been robbed and stabbed while walking to work.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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