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DELANEY v. CITY OF MOUNT VERNON

2008-07365

68 A.D.3d 710 (2009)

2009 NY Slip Op 8990

891 N.Y.S.2d 115

NANCY C. DELANEY et al., Appellants, v. CITY OF MOUNT VERNON et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 1, 2009.

Ordered that the order is affirmed, with costs.

The municipal defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that there was no special relationship between the parties. "For there to be special relationship-based liability, a municipality's agent must be clearly on notice of palpable danger" (Kovit v Estate of Hallums, 4 N.Y.3d 499<...

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