HAGGERTY v. DIAMOND


251 A.D.2d 455 (1998)

673 N.Y.S.2d 331

Mark A. Haggerty, Appellant, v. Maria Diamond et al., Defendants, and City of New York, Respondent

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

June 15, 1998


Ordered that the order is affirmed, with costs.

The plaintiff asserts that the City of New York (hereinafter the City) is liable to him for his injuries as a result of the nonfeasance and malfeasance of, among others, police officers.

It is well settled that a municipality bears no liability for the negligent performance by its agents of governmental functions, absent the existence of a special relationship between the injured party and the municipality (...

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