DeLong v. County of Erie

In DeLong v. County of Erie, (89 AD2d 376, 455 NYS2d 887 [4th Dept 1982]), decedent called 911 when she encountered a burglar trying to enter her home. The 911 operator failed to get decedent's name and exact address, but assured her the police would arrive "right away." Due to a misidentification of decedent's address, the police never responded to the call and the 911 operator took no further action. The call was treated as a fake. Decedent lived a half of a block from the police precinct. About 13 minutes later, decedent was seen running from her home covered in blood and bleeding profusely from seven knife wounds which ultimately caused her death. Notably, when the local police were notified by the neighbors of the attack upon decedent, they arrived in less than 60 seconds. Upon a subsequent search of the house, the police found evidence of a "savage attack." The Appellate Division, Fourth Department, held that it was appropriate for the jury to consider "the terror decedent must have experienced during her ultimate struggle to save herself and her child from a murderous assailant." (Id. at 385.)