Riddick v. City of New York

19 A.D.3d 265, 796 N.Y.S.2d 917, 2005 N.Y. App. Div. LEXIS 7029

Opinion

Orders, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered January 28 and April 2, 2004, which dismissed the complaint for failure to state a cause of action, and entered November 30, 2004, which dismissed a subsequent complaint on grounds of res judicata, unanimously affirmed, without costs.

Plaintiffs failed to demonstrate the existence of a special relationship with any of the municipal defendants that would have given rise to a claim of negligence (Cuffy v City of New York, 69 NY2d 255, 260-261 [1987]). We have considered plaintiffs’ other arguments and find them without merit. Concur—Buckley, P.J., Tom, Andrias, Sullivan and Sweeny, JJ.