Majority
p. 799Lloyd Helman, Appellant, v County of Warren, Respondent, et al., Defendant. Argued February 7, 1986; decided March 20, 1986
p. 801
APPEARANCES OF COUNSEL
Jeffrey Canale and William V Canale for appellant.
Jason L. Shaw for respondent.
OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 111 AD2d 560 ). Completely absent in this case was any “direct contact between agents of the municipality and the injured party”, upon which a special duty could be predicated (Sorichetti v City of New York, 65 NY2d 461 , 469; see also, Yearwood v Town of Brighton, 64 NY2d 667 ).
Concur: Chief Judge Wachtler and Judges Meyer, Kaye, Alexander, Titone and Hancock, Jr. Taking no part: Judge Simons.
Cases cited
- Helman v. County of Warren 111 AD2d 560 p. 801
- Yearwood v. Town of Brighton 64 NY2d 667 p. 801