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MENDEZ v. CITY OF NEW YORK

Index No. 155217/13. Appeal No. 15874. Case No. 2021-01156.

205 A.D.3d 425 (2022)

167 N.Y.S.3d 498

2022 NY Slip Op 02954

Johnny Mendez, Appellant, v. City of New York et al., Respondents, et al., Defendants.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Wiese & Aydiner, PLLC, Mineola (Si Aydiner of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Garrett C. Fisher of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

Plaintiff's testimony that defendant Gomez directed him to proceed through an intersection, immediately after which he was struck by a taxicab, is an insufficient factual predicate for the theory that defendant City owed him a special duty of protection (see Valdez v City of New York, 18 N.Y.3d 69, 75 [2011]; Blackstock v Board of Educ. of the City of N.Y., 84 A...

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