SANTACAPITA v. TOWN OF BROOKHAVEN


202 A.D.2d 489 (1994)

609 N.Y.S.2d 55

Janice Santacapita et al., Respondents, v. Town of Brookhaven, Appellant, and Jack Scaccia, Respondent

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

March 14, 1994


Ordered that the order is reversed, on the law, with costs payable by the plaintiffs-respondents, that branch of the appellant's motion which was for summary judgment is granted, the complaint and all cross claims insofar as asserted against the appellant are dismissed, and the action against the remaining defendant is severed.

It is well settled that "in the absence of some special relationship creating a duty to exercise...

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