ALAVA v. CITY OF NEW YORK


54 A.D.3d 565 (2008)

863 N.Y.S.2d 653

GRACE ALAVA, Respondent, v. CITY OF NEW YORK et al., Appellants et al., Defendant.

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

September 2, 2008.


Defendant Victor Rivera assaulted plaintiff, an employee of a private company that performs data entry for the New York City Department of Homeless Services, as she was registering him for services as a prospective shelter client. The issue on appeal is whether the municipal defendants owed plaintiff a special duty of protection. We hold these defendants are entitled to summary judgment, because plaintiff failed to raise a triable issue of fact that they assumed a special...

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