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Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05766

Davis v City of New York

Read the official decision: 2026 NY Slip Op 05766

Holding The court reversed the lower court’s denial of the defendants’ motion to dismiss, holding that the plaintiff failed to allege facts establishing a special duty or voluntary assumption of duty by the municipality. Consequently, the complaint was dismissed for failure to state a cause of action, and the plaintiff’s cross-motion for summary judgment was denied.

The court’s words

the plaintiff failed to allege facts which would establish that the defendants voluntarily assumed a duty or special relationship with the decedent beyond what was owed to the public generally

2026 NY Slip Op 05766, at the official text

an order precluding the submission of evidence, unlike the striking of an answer, does not relieve the plaintiff of his or her obligation to establish a prima facie case in the first instance

2026 NY Slip Op 05766, at the official text
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05766
Area of lawPersonal Injury and Negligence · Municipal Law and Government Liability
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05766
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id989

Recommended citation

ESQ HQ, New York Law Watch, Davis v City of New York, 2026 NY Slip Op 05766 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05766/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 7, 2026. Updated October 7, 2026.