Richline Group, Inc. v. City of Mount Vernon

In an action to recover damages for negligence, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered August 22, 2012, which granted the defendants’ motion for summary judgment dismissing the complaint and denied its cross motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. A municipal entity “is not liable for the negligent performance of a governmental function unless there existed ‘a special duty to…