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BUTLER v. CITY OF NEW YORK

Index No. 157325/14. Appeal No. 14500. Case No. 2020-04547.

198 A.D.3d 561 (2021)

152 N.Y.S.3d 893

2021 NY Slip Op 05810

Catherine Butler, Appellant, v. City of New York, Respondent.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Andrew F. Plasse & Associates LLC, Flushing ( Andrew F. Plasse of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Amy McCamphill of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.

Defendant's motion for summary judgment failed to show the absence of a triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]).

Plaintiff's remaining causes of action sounded in assault and battery, and not negligence. Therefore, the question was not whether the police owed plaintiff a special duty (see Valdez v City of New York, 18 N.Y.3d 69 [2011]; Devivo...

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