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QUINN v. CITY OF NEW YORK

153 A.D.2d 675 (1989)

Terry Quinn, Appellant, v. City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 21, 1989

Ordered that the order of the Appellate Term is affirmed, without costs or disbursements.

Contrary to the plaintiff's contentions, the allegations of the complaint, as amplified in the bill of particulars, do not stem from the defendants' failure to fulfill their proprietary duties, but rather derive from the defendants' exercise of their governmental function (see, Marilyn S. v City of New York,

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