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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05766 |
| Area of law | Personal Injury and Negligence · Municipal Law and Government Liability |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05766 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 989 |
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.
Read how Law Watch works