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REID v. CITY OF NEW YORK

Index No. 160007/17. Appeal No. 13794. Case No. 2020-02701.

194 A.D.3d 500 (2021)

143 N.Y.S.3d 536

2021 NY Slip Op 03005

Lawrece Reid, Appellant, v. City of New York et al., Respondents.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Flanzig and Flanzig, LLP, Mineola ( Dana E. Heitz and Cathy Flanzig of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Tahirih M. Sadrieh of counsel), for respondents.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.

A municipality owes a special duty to a decedent's next of kin to inform them of the decedent's death and notification constitutes a nondiscretionary, ministerial act outside the purview of governmental function immunity; however, the special duty only arises when the municipality has all of the necessary information to identify such next of kin (see Williams v City of New York, 188 A.D.3d 442

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