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COLESON v. CITY OF NEW YORK

No. 191.

24 N.Y.3d 476 (2014)

24 N.E.3d 1074

999 N.Y.S.2d 810

2014 NY Slip Op 08213

JANDY COLESON, Individually and as Mother and Natural Guardian of ROLFY SOTO, an Infant, Appellants, v. CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided November 24, 2014.

Attorney(s) appearing for the Case

Sim & Record, LLP, Bayside ( Sang J. Sim of counsel), for appellants.

Zachary W. Carter , Corporation Counsel, New York City ( Susan Paulson and Francis F. Caputo of counsel), for respondents.

Chief Judge LIPPMAN and Judges GRAFFEO and RIVERA concur; Judge PIGOTT dissents in part in an opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

In this negligence action, we must determine whether the evidence submitted by plaintiffs in opposition to the City of New York's summary judgment motion was sufficient to raise a triable issue of fact as to the existence of a special relationship between plaintiffs and the City. We hold that the evidence...

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