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ESTATE OF KYLE A. v. NEW YORK CITY HOUS. AUTHORITY

11264, 21280/11.

181 A.D.3d 492 (2020)

122 N.Y.S.3d 5

2020 NY Slip Op 01713

Estate of Kyle A. et al., Appellants, v. New York City Housing Authority, Sued Herein as New York City Housing Department, et al., Respondents, et al., Defendants.

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

Decided March 12, 2020.

Plaintiffs' decedent (the infant) died after suffering a severe asthma attack. Plaintiffs allege that inoperable elevators in the NYCHA building where the infant lived with his mother, plaintiff Bethsaid Archibald, delayed emergency medical workers in reaching him, and that the City defendants were negligent in treatment. The motion court correctly found that the City defendants were entitled to summary judgment as they demonstrated they owed no special duty to plaintiffs...

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