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METZ v. STATE OF NEW YORK

No. 208.

20 N.Y.3d 175 (2012)

982 N.E.2d 76

958 N.Y.S.2d 314

2012 NY Slip Op 8172

RICHARD M. METZ, as Personal Representative of the Estate of MARY HELEN METZ, Deceased, et al., Respondents, v. STATE OF NEW YORK, Appellant.

Court of Appeals of New York.

decided November 29, 2012.

Attorney(s) appearing for the Case

Eric T Schneiderman , Attorney General, Albany ( Andrew D. Bing , Barbara D. Underwood and Laura Etlinger of counsel), for appellant.

Hacker Murphy, LLP, Latham ( James E. Hacker of counsel), for respondents.

Michael A. Cardozo , Corporation Counsel, New York City ( Kristin M. Helmers and Norman Corenthal of counsel), for City of New York, amicus curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

The issue presented by this appeal is whether the State can be held liable to individuals who were injured and the personal representatives of those who lost their lives due to the tragic capsizing of a public vessel — the Ethan Allen. We conclude that because the State owes no special duty to these claimants, the claims that the State's inspectors failed to certify safe passenger capacity on the vessel must...

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