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Riddick v. City of New York

19 A.D.3d 265 Court N.Y. App. Div. Decision date 2005-06-23 English

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p. 265
Angela Riddick et al., Appellants, v City of New York et al., Respondents.
[796 NYS2d 917]

Orders, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered January 28 and April 2, 2004, which dismissed the complaint for failure to state a cause of action, and entered November 30, 2004, which dismissed a subsequent complaint on grounds of res judicata, unanimously affirmed, without costs.

Plaintiffs failed to demonstrate the existence of a special relationship with any of the municipal defendants that would have given rise to a claim of negligence (Cuffy v City of New York, 69 NY2d 255 , 260-261 [1987]). We have considered plaintiffs’ other arguments and find them without merit. Concur—Buckley, P.J., Tom, Andrias, Sullivan and Sweeny, JJ.

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