FERREIRA v. CITY OF BINGHAMTON

No. 10.

38 N.Y.3d 298 (2022)

194 N.E.3d 239

173 N.Y.S.3d 484

2022 NY Slip Op 01953

JESUS FERREIRA, Appellant, v. CITY OF BINGHAMTON et al., Respondents.

Court of Appeals of New York.

Decided March 22, 2022.


Attorney(s) appearing for the Case

Sonin & Genis, New York City ( Robert J. Genis of counsel), and Alexander J. Wulwick , New York City, for appellant.

Sokoloff Stern LLP, Carle Place ( Brian S. Sokoloff of counsel), and Office of the Corporation Counsel, Binghamton ( Brian Matthew Seachrist of counsel), for respondents.

New York Civil Liberties Union Foundation, New York City ( Daniel R. Lambright and Christopher T. Dunn of counsel), for New York Civil Liberties Union, amicus curiae.

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.

The Association of the Bar of the City of New York, New York City ( Amanda Johnson , Kevin Jason and Ben Herrington-Gilmore of counsel), for New York City Bar Association, amicus 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.

Sylvia O. Hinds-Radix , Corporation Counsel, New York City ( Antonella Karlin , Richard Dearing and Scott Shorr of counsel), for City of New York, amicus 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

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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