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IRVING BARON CLOTHES, INC. v. CITY OF NEW YORK

261 A.D.2d 198 (1999)

689 N.Y.S.2d 394

IRVING BARON CLOTHES, INC., et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided May 13, 1999.

We find that there are no triable issues as to the existence of a "special relationship" between plaintiffs and defendant City such as would eliminate the latter's immunity with respect to the performance of its firefighting function (see, Cuffy v City of New York, 69 N.Y.2d 255, 260; cf., Miller v Morania Oil, 194 A.D.2d 770

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