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RICHLINE GROUP, INC. v. CITY OF MOUNT VERNON

2012-10677, Index No. 4483/09.

118 A.D.3d 772 (2014)

987 N.Y.S.2d 222

2014 NY Slip Op 4184

RICHLINE GROUP, INC., Appellant, v. CITY OF MOUNT VERNON et al., Respondents.

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

Decided June 11, 2014.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. A municipal entity "is not liable for the negligent performance of a governmental function unless there existed `a special duty to the injured person, in contrast to a general duty owed to the public'" (Metz v State of New York, 20 N.Y.3d 175, 179 [2012], quoting McLean...

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