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Q.G. v. CITY OF NEW YORK

Index No. 950104/20 Appeal No. 1166 Case No. 2022-04752.

222 A.D.3d 443 (2023)

199 N.Y.S.3d 62

2023 NY Slip Op 06323

Q.G., Appellant, v. City of New York, Respondent, et al., Defendant.

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

Decided December 7, 2023.

Attorney(s) appearing for the Case

Herman Law, P.A., New York ( Jeffrey Herman of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Philip W. Young of counsel), for respondent.

Concur—Webber, J.P., Scarpulla, Pitt-Burke, Rosado, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Lawrence L. Love, J.), entered October 6, 2022, which granted defendant City of New York's motion to dismiss the complaint on the ground that plaintiff failed to allege that it owed her a special duty, unanimously affirmed, without costs.

In a negligence claim against a municipality, the court must determine whether the municipal entity was engaged in a proprietary function or acted in a governmental capacity when the claim arose...

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