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DAVIS v. OWENS

259 A.D.2d 272 (1999)

686 N.Y.S.2d 31

ELZO DAVIS et al., Infants, by Their Mother and Natural Guardian, MARY WALKER, Appellants, v. CARRIE OWENS et al., Defendants, and CITY OF NEW YORK, Respondent.

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

Decided March 2, 1999.

Since the municipal defendant herein is sued for negligence in the performance of its governmental functions, it may not be found liable unless it was, by statute or its own voluntary undertaking, specially obligated to perform the subject functions specifically for plaintiffs' benefit (Miller v State of New York, 62 N.Y.2d 506, 510; Garrett v Holiday Inns, 58 N.Y.2d 253, 261). Proof to...

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