RAHMAN v. CITY OF NEW YORK


4 A.D.3d 142 (2004)

771 N.Y.S.2d 350

FAZEL RAHMAN, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

February 10, 2004.


Plaintiff failed to demonstrate that the municipality, through promises or actions, had assumed an affirmative duty to act on his behalf; that the municipality or its agents knew that inaction could lead to harm; that there was some form of direct contact between him and the municipality's agents; and that he had relied on the municipality's affirmative undertaking (Cuffy v City of New York, 69 N.Y.2d 255

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