Legal Opinion
Laratro v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2005PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Saxe, J.
This appeal requires us to examine the parameters of the “special relationship” rule which holds that a municipality may not be held liable for its negligent failure in the performance of emergency services unless a special relationship exists between the municipality and the injured party (see Cuffy v City of New York, 69 NY2d 255 [1987]). We reverse and deny summary judgment here, concluding that questions of fact are presented, both as to whether the individual acting on plaintiffs behalf may be considered plaintiffs agent so as to satisfy the requirement of…
2Cases cited14 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- Riss v. City of New YorkNew York Court of Appeals · 1968
- Kircher v. City of JamestownNew York Court of Appeals · 1989
- Yearwood v. Town of BrightonAppellate Division of the Supreme Court of the State of New York · 1984
- Yearwood v. Town of BrightonNew York Court of Appeals · 1984
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3Cited by3 opinions
- Hanna v. St. Lawrence CountyAppellate Division of the Supreme Court of the State of New York · 2006
- Brown v. Transcare New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Joline v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006