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TISHMAN v. HIMMEL + MERINGOFF PROPS., LLC

Index No. 506714/15. Appeal. No. 1117. Case. No. 2022-05268.

221 A.D.3d 556 (2023)

198 N.Y.S.3d 540

2023 NY Slip Op 06106

Steven Tishman, Individually and as Executor of the Estate of Erica Tishman, Appellant, v. Himmel + Meringoff Properties, LLC, et al., Defendants, and City of New York, Respondent.

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

Decided November 28, 2023.

Attorney(s) appearing for the Case

Morelli Law Firm PLLC, New York ( Sara A. Mahoney of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Deborah A. Brenner of counsel), for respondent.

Concur— Manzanet-Daniels, J.P., Friedman, González, Pitt-Burke, Higgitt, JJ.

Order, Supreme Court, New York (Judy H. Kim, J.), entered November 3, 2022, which granted defendant City of New York's motion to dismiss the complaint as against it, unanimously affirmed, without costs.

Plaintiff failed to plead facts to support a claim that the City owed plaintiff's decedent a special duty (Ferreira v City of Binghamton, 38 N.Y.3d 298 [2022]). The sections of the Administrative Code that plaintiff alleges were violated by the City were designed...

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