Maldovan v. Cnty. of Erie

1 Citing case

  1. Tillman v. State

    2023 N.Y. Slip Op. 23036 (N.Y. Ct. Cl. 2023)

    When a negligence claim is asserted against a municipality acting in a governmental capacity, - the plaintiff must prove the existence of a special duty (see Ferreira v City of Binghamton, 38 N.Y.3d 298, 308-310 [2022]; Turturro v City of New York, 28 N.Y.3d 469, 477-478 [2016]). The Court has recognized that a special duty may arise in three situations: where "(1) the plaintiff belonged to a class for whose benefit a statute was enacted; (2) the government entity voluntarily assumed a duty to the plaintiff beyond what was owed to the public generally; or (3) the municipality took positive control of a known and dangerous [*4]safety condition" (Maldovan v. Cnty. of Erie, 2022 NY Slip Op. 6632 [NY 2022]; Tara N.P. v Western Suffolk Bd. Of Coop. Educ. Servs., 28 N.Y.3d 709, 714 [2017] [internal quotation marks omitted]). The Court notes that this recently decided Court of Appeals case that cites the McLean case and has affirmed the holding therein.