Davis v. Owens

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about January 13, 1998, which, to the extent appealed from, granted defendant City of New York’s motion for summary judgment dismissing the complaint and all cross claims against it, unanimously affirmed, without costs.

Since the municipal defendant herein is sued for negligence in the performance of its governmental functions, it may not be found liable unless it was, by statute or its own voluntary undertaking, specially obligated to perform the subject functions specifically for plaintiffs’ benefit (Miller v State…