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LAMOT v. CITY OF NEW YORK

62 A.D.3d 572 (2009)

878 N.Y.S.2d 886

NANCY LAMOT, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided May 21, 2009.

Defendant's alleged failure to carry out its obligations under title 6 of the Social Services Law is not actionable (Mark G. v Sabol, 93 N.Y.2d 710, 722 [1999]). Nor, to the extent defendant's actions are discretionary, does the failure to act give rise to a claim for common-law negligence (McLean v City of New York, 12 N.Y.3d 194, 203-204 [2009...

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