New York Court of Appeals

Charlene McLean v. City of…

March 31, 200912 N.Y.3d 194

Summary

The New York Court of Appeals reversed the Appellate Division and granted the City of New York's motion for summary judgment, holding that the City owed no special duty or special relationship to the plaintiff and therefore is not liable for the child's injury. The Court reaffirmed that municipal liability requires a special duty arising from statutory breach, voluntary assumption, or control of a known danger, none of which were shown.