Legal Opinion

Moore-Mohammed v. City of New York

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

Decided December 13, 2012Published

1Opinion of the Court

*520Defendants made a prima facie showing of the lack of a special relationship between plaintiff’s decedent and defendants by submitting evidence that they did not give the decedent any assurance or direction that would justify any reliance on decedent’s part (Dinardo v City of New York, 13 NY3d 872, 874-875 [2009]; Diliberti v City of New York, 49 AD3d 424 [1st Dept 2008]).

In opposition, plaintiff failed to raise a triable issue of fact. Indeed, plaintiff failed to submit any evidence of an assumption by defendants, through promises or actions, of an affirmative duty to act on behalf of the…

2Cases cited4 opinions

  1. De Long v. County of ErieNew York Court of Appeals · 1983
  2. Dinardo v. City of New YorkNew York Court of Appeals · 2009
  3. Applewhite v. Accuhealth, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Diliberti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008

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