PEREZ v. CITY OF NEW YORK

11341.

182 A.D.3d 425 (2020)

119 N.Y.S.3d 851

2020 NY Slip Op 02176

Priscilla Perez, as Administrator of the Estate of Antonio Perez, Deceased, Appellant, v. City of New York et al., Respondents, et al., Defendant.

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

Decided April 2, 2020.


In order to state a claim that defendants were negligent in failing to provide an ambulance in a timely fashion, plaintiff was required to show a special relationship (see Applewhite v Accuhealth, Inc., 21 N.Y.3d 420, 423-424, 428 [2013]; Laratro v City of New York, 8 N.Y.3d 79, 82-83 [2006]). However, plaintiff did not allege a special duty or the factual predicate for finding a special...

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