Legal Opinion
Feinsilver v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 6, 2000PublishedCited by 8 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated November 10, 1999, which denied her motion pursuant to CPLR 3126 to strike the defendants’ answer and granted the defendants’ cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, without costs or disbursements.
The Supreme Court properly dismissed the complaint. Liability may not be imposed upon the defendants, which are governmental entities, absent the existence of a special duty together with…
2Cases cited3 opinions
- Bisignano v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Johnson v. New York City Board of EducationAppellate Division of the Supreme Court of the State of New York · 1998
- Blanc v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by8 opinions
- In re World Trade Center Bombing LitigationNew York Supreme Court · 2004
- Roche v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- Goga v. Binghamton City School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
- Firestein v. GavlyayevAppellate Division of the Supreme Court of the State of New York · 2001
- Pendulik v. East Hampton Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2005
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