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COHEN v. CITY OF NEW YORK

183 A.D.2d 436 (1992)

Beckie Cohen, Individually and as Executrix of Alvin J. Cohen, Deceased, Appellant, v. City of New York et al., Respondents. (And a Third-Party Action.)

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

May 7, 1992

Plaintiff pleads causes of action based on the fatal shooting of her decedent on the sidewalk outside a branch of defendant bank, but admits that her pleading does not allege facts sufficient to show the elements of special relationship between the decedent and defendant City (see, Kircher v City of Jamestown, 74 N.Y.2d 251, 264). Plaintiff's failure to offer any evidence or even any allegation of these elements is fatal to...

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