Legal Opinion

Harris v. Llewellyn

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 2002PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 19, 2001, as granted the cross motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs.

“[T]o sustain liability against a municipality, the duty breached must be more than a duty owing to the general public. There must exist a special relationship between the…

2Cases cited4 opinions

  1. Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
  2. Motyka v. City of AmsterdamNew York Court of Appeals · 1965
  3. Ubiera v. Housing Now Co.New York Supreme Court · 2000
  4. Gibbs v. PaineAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by1 opinion

  1. Pelaez v. SeideAppellate Division of the Supreme Court of the State of New York · 2002

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