Order unanimously reversed on the law without costs, motion granted and complaint dismissed.
Memorandum:
Supreme Court erred in denying defendant's motion to dismiss the complaint for failure to state a cause of action (see, CPLR 3211 [a] [7]). In order to recover on the complaint, plaintiff must allege that a "special relationship" existed between his mother and defendant. The four elements of a special relationship are: "(1) an assumption by the municipality...
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