ROOD UTILS., INC. v. CITY OF AUBURN


233 A.D.2d 873 (1996)

649 N.Y.S.2d 291

Rood Utilities, Inc., et al., Appellants, v. City of Auburn, Respondent. (Appeal No. 1.)

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

November 8, 1996


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motions for summary judgment dismissing the complaints. A municipality may not be held liable for failing to provide adequate fire protection unless it assumed a special duty to the individual plaintiff (see, Kenavan v City of New York, 70 N.Y.2d 558, 568-569; O'Connor...

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