THOMPSON v. TOWN OF BROOKHAVEN


34 A.D.3d 448 (2006)

825 N.Y.S.2d 83

LOUISE THOMPSON et al., Respondents, v. TOWN OF BROOKHAVEN et al., Appellants.

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

Decided November 8, 2006.


Ordered that the order is reversed, on the law, with one bill of costs, and those branches of the appellants' respective motions which were for summary judgment dismissing the complaint insofar as asserted against them are granted.

"As a general rule, a public entity is immune from negligence claims arising out of the performance of its governmental functions, including police and fire protection, unless the injured person establishes a special relationship with the...

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