Mckithen v. City of New York

Full title: ROSE M. MCKITHEN, Appellant, v. CITY OF NEW YORK, Respondent, et al.…

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

Date published: Jun 2, 1997

240 A.D.2d 379 (N.Y. App. Div. 1997)

658 N.Y.S.2d 1012

Opinion

June 2, 1997

Appeal from the Supreme Court, Queens County (Price, J.).

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is denied, and the complaint is reinstated insofar as asserted against the defendant City of New York.

The motion of the defendant City of New York for summary judgment should have been denied inasmuch as the plaintiff's allegations are sufficient to establish a "special relationship" between her and the City (see, Cuffy v. City of New York, 69 N.Y.2d 255; Ashford v. County of Suffolk, 123 A.D.2d 733).

Bracken, J.P., Joy, McGinity and Luciano, JJ., concur.