PRASAD v. COUNTY OF ORANGE


159 Misc.2d 330 (1993)

604 N.Y.S.2d 677

John A. Prasad et al., Plaintiffs, v. County of Orange et al., Defendants.

Supreme Court, Orange County.

October 25, 1993


Attorney(s) appearing for the Case

Mac Cartney, Mac Cartney, Kerrigan & Mac Cartney, Nyack, for County of Orange, defendant. Gurda, Gurda & Smith, Middletown, for plaintiffs.


HOWARD MILLER, J.

At the close of plaintiffs' case, defendant County of Orange (County) moves to dismiss for failure to establish a prima facie case, based upon plaintiffs' failure to establish that the County owed them a special duty and, in particular, failed to establish direct contact between the County and the plaintiffs, a necessary prong of the four-point test enunciated in Cuffy v City of New York...

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