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GANDLER v. CITY OF NEW YORK

57 A.D.3d 324 (2008)

869 N.Y.S.2d 76

DEBRA GANDLER, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendant.

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

December 16, 2008.

Plaintiff alleges that the municipal defendants assumed and breached an affirmative duty to protect consumers like herself from building contractors' deceptive practices, pursuant to statutes governing the home improvement business (Administrative Code of City of NY § 20-385 et seq.). The Department of Buildings (DOB) issued a work permit to plaintiff's agent (defendant Hector Valentin), who was unlicensed to perform home improvement renovations; on his application...

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