Opinion
April 19, 1996
Appeal from the Supreme Court, Nassau County, Winick, J.
Present — Green, J.P., Lawton, Wesley, Doerr and Boehm, JJ.
Order unanimously affirmed with costs. Memorandum: Viewed in the light most favorable to the opposing party, the evidence submitted by plaintiffs at least arguably raises a triable issue whether a special relationship existed between defendant and plaintiffs ( see, Cuffy v. City of New York, 69 N.Y.2d 255, 260, mot to amend remittitur dismissed 70 N.Y.2d 667; Thomas v. City of Auburn, 217 A.D.2d 934; see also, Boland v. State of New York, 218 A.D.2d 235). Thus, Supreme Court properly denied defendant's cross motion for summary judgment dismissing the complaint.
We have reviewed defendant's remaining contention and conclude that it is without merit.