Michaels & Smolak, P.C., Auburn ( Michael G. Bersani of counsel), for New York State Academy of Trial Lawyers, amicus curiae.
New York State Conference of Mayors and Municipal Officials, Albany ( Wade Beltramo of counsel), and New York State Association of Towns, Albany ( Sarah Brancatella of counsel), for New York State Conference of Mayors and Municipal Officials and another, amici curiae.
New York County Lawyers Association, New York City ( Robert Rickner and Elliot Dolby Shields of counsel), for New York County Lawyers Association and another, amici curiae.
New York State Trial Lawyers Association, New York City ( David A. Roth of counsel), for New York Trial Lawyers Association, amicus curiae.
OPINION OF THE COURT
SINGAS, J.
The United States Court of Appeals for the Second Circuit has inquired whether New York's "`special duty' requirement" applies "to claims of injury inflicted through municipal negligence" or if it applies only to claims premised upon a municipality's negligent "failure to protect the plaintiff from an injury...
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