The Appellate Division, Second Department recently affirmed an order granting a motion for summary judgment made by DSB dismissing a complaint against a Town, which was based on the Town’s operation of its 911 emergency call system. Plaintiff had alleged that the Town’s negligence in the operation in the system resulted in the death of her husband. The Appellate Division ruled that the Town established that no special relationship existed between it and the decedent which would give rise to a duty of care to the decedent, individually.
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