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LEE v. COUNTY OF WYOMING

298 A.D.2d 923 (2002)

748 N.Y.S.2d 86

DONALD F. LEE et al., Respondents, v. COUNTY OF WYOMING, Appellant.

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

Decided October 1, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion seeking summary judgment dismissing the amended complaint. Contrary to defendant's contention, there is an issue of fact concerning the existence of a special relationship between Donald F. Lee (plaintiff) and defendant municipality (see generally Cuffy v City of New York,

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