Irving Baron Clothes v. City of New York

Full title: IRVING BARON CLOTHES, INC., et al., Appellants, v. CITY OF NEW YORK…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 13, 1999

261 A.D.2d 198 (N.Y. App. Div. 1999)

689 N.Y.S.2d 394

Opinion

May 13, 1999

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).

We find that there are no triable issues as to the existence of a "special relationship" between plaintiffs and defendant City such as would eliminate the latter's immunity with respect to the performance of its firefighting function (see, Cuffy v. City of New York, 69 N.Y.2d 255, 260; cf., Miller v. Morania Oil, 194 A.D.2d 770).

Concur — Ellerin, P. J., Tom, Lerner, Buckley and Friedman, JJ.