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BAEZ v. CITY OF NEW YORK

309 A.D.2d 679 (2003)

765 N.Y.S.2d 875

HILDA BAEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided October 28, 2003.

In this case involving the belated arrival of an ambulance, plaintiff failed to meet her burden of establishing the existence of a special relationship running from the municipality to plaintiff or her decedent (see Cuffy v City of New York, 69 N.Y.2d 255, 260 [1987]). Therefore, plaintiff did not establish the narrow exception to the general rule that a municipality cannot be held liable...

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