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XENIAS v. CITY OF NEW YORK

Index No. 100988/14. Appeal No. 13040-13041-13042N-13042NA. Case No. 2019-03417(3).

191 A.D.3d 453 (2021)

142 N.Y.S.3d 148

2021 NY Slip Op 00647

Anastasia Xenias, as Administrator of the Estate of Mike S. Xenias, Deceased, Appellant, v. City of New York et al., Respondents.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Anastasia Xenias, PhD, appellant pro se.

James E. Johnson , Corporation Counsel, New York ( Daniel Matza-Brown of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Mazzarelli, Moulton, JJ.

Plaintiff's allegations are sufficient to establish a special relationship between the City and the decedent that brings her claim within the exception to the general rule that a municipality may not be held liable to a person injured by the breach of a duty that it owes to the general public—such as the duty to provide ambulance service (see Cuffy v City of New York, 69 N.Y.2d 255, 260 [1987]). The allegation that the 911...

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