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APOSTOLAKIS v. CENTEREACH FIRE DISTRICT

300 A.D.2d 516 (2002)

752 N.Y.S.2d 691

ANNE M. APOSTOLAKIS, Appellant, v. CENTEREACH FIRE DISTRICT et al., Respondents, et al., Defendants.

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

Decided December 23, 2002.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

As a general rule, a public entity is immune from negligence claims arising from the performance of its governmental functions, unless the plaintiff can establish that a special relationship existed between the injured party and the public entity which would create a special duty of protection to the injured party (see Sandstrom v Rodriguez, 221 A.D...

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