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McKITHEN v. CITY OF NEW YORK

240 A.D.2d 379 (1997)

658 N.Y.S.2d 1012

Rose M. McKithen, Appellant, v. City of New York, Respondent, et al., Defendant

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

June 2, 1997

Ordered that the order is reversed, on the law, with costs, the motion for summary judgment is denied, and the complaint is reinstated insofar as asserted against the defendant City of New York.

The motion of the defendant City of New York for summary judgment should have been denied inasmuch as the plaintiff's allegations are sufficient to establish a "special relationship" between her and the City (see, Cuffy...

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