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GEWIRTZ v. CITY OF NEW YORK

Index No. 2030/2016.

80 Misc.3d 1043 (2023)

196 N.Y.S.3d 683

2023 NY Slip Op 23282

KATHLEEN GEWIRTZ, Individually and as Administrator of the Estate of BRIAN GEWIRTZ, Deceased, Plaintiff, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Kings County.

Decided September 11, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix, Corporation Counsel, New York City (Amy G. London of counsel), for City of New York, defendant.

Rubenstein & Rynecki, Brooklyn (Harper Smith of counsel), for plaintiff.

OPINION OF THE COURT

Plaintiff Kathleen Gewirtz (Kathleen or plaintiff) claims that the NYC Police Department acted in a grossly negligent manner with a conscious disregard for her son Brian's safety, and that the City of New York (the City or defendant) owed an "affirmative special duty" to protect him after being...

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