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DANIEL v. VANDI

231 A.D.2d 889 (1996)

647 N.Y.S.2d 315

Josephine Daniel, as Administratrix of The Estate of Rhonda Salley, Deceased, Respondent, v. Elaine Vandi, Defendant, and City of Buffalo, Appellant

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

September 27, 1996

Order unanimously reversed on the law without costs, motion granted and complaint and cross claim against defendant City of Buffalo dismissed.

Memorandum:

Supreme Court erred in failing to grant the motion of defendant City of Buffalo for summary judgment dismissing the complaint against it for failure to state a cause of action (see, Kircher v City of Jamestown, 74 N.Y.2d 251). Absent a "special relationship...

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