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MELBY v. DUFFY

304 A.D.2d 33 (2003)

758 N.Y.S.2d 89

STEEN MELBY, Appellant, v. TOM DUFFY, Defendant, and TOWN OF BROOKHAVEN et al., Respondents.

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

March 31, 2003.

Attorney(s) appearing for the Case

Friedman & James, LLP, New York City (John P. James of counsel), for appellant.

Curtis, Vasile, Devine & McElhenny, Merrick (Michael J. Dorry of counsel), for Town of Brookhaven, respondent.

Robert J. Cimino, County Attorney, Hauppauge (Susan A. DeNatale and Thomas Luciano of counsel), for County of Suffolk, respondent.

SMITH, J.P., FRIEDMANN and McGINITY, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

At issue here is whether the defendants Town of Brookhaven (hereinafter the Town) and the County of Suffolk (hereinafter the County) are liable to the plaintiff for failing to warn him of a dangerous condition created by the defendant Tom Duffy. We find that there was no special relationship between the plaintiff and the Town and no special relationship between the plaintiff and the County. Therefore, no liability may be...

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