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Ferreira v City of Binghamton (2022 NY Slip Op 01953)
24 Mar 2022, 2:49 pm by lennyesq
*** The United States Court of Appeals for the Second Circuit has inquired whether New York’s ” ‘special duty’ requirement” applies “to claims of injury inflicted through municipal negligence” or if it applies only to claims premised upon a municipality’s negligent “failure to protect the plaintiff from an injury inflicted other than by a municipal employee” (975 F3d 255, 291 [2d Cir 2020]). [read post]
lennyesq - http://lennyesq.wordpress.com
Suing a department of a town in New York State
15 Apr 2025, 6:00 am by Public Employment Law Press
 In the words of the Appellate Division, "Contrary to the [Plaintiff's] contention, [Plaintiff] failed to allege that the Town voluntarily assumed a special duty to him beyond that owed to the general public, citing  Maldovan v County of Erie, 39 NY3d 166, and Ferreira v City of Binghamton, 38 NY3d 298.Click HERE to access the Appellate Division's decision posted on the Internet. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Suing a department of a town in New York State
15 Apr 2025, 6:00 am by Public Employment Law Press
 In the words of the Appellate Division, "Contrary to the [Plaintiff's] contention, [Plaintiff] failed to allege that the Town voluntarily assumed a special duty to him beyond that owed to the general public, citing  Maldovan v County of Erie, 39 NY3d 166, and Ferreira v City of Binghamton, 38 NY3d 298.Click HERE to access the Appellate Division's decision posted on the Internet. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
No discretionary immunity in police shooting case, and a question about "special duty" under state law
5 Oct 2020, 7:03 am by Second Circuit Civil Rights Blog
City of Binghamton, issued on September 23. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
For appellate buffs only (and police misconduct buffs also)
2 Oct 2020, 6:40 am by Second Circuit Civil Rights Blog
City of Binghamton, issued on September. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Court granted school district's motion for summary judgment dismissing the petitioner's complaint based on the school district argument that it could not be held liable as the school district did not owe a special duty of care to the petitioner
28 May 2024, 6:00 am by Public Employment Law Press
To succeed on a cause of action sounding in negligence, the plaintiff must establish that the defendants owed her a special duty of care (see Ferreira v City of Binghamton, 38 NY3d 298, 317; Wilson v New York City Bd. of Educ., 167 AD3d 820, 820; Destefano v City of New York, 149 AD3d 696, 697). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court granted school district's motion for summary judgment dismissing the petitioner's complaint based on the school district argument that it could not be held liable as the school district did not owe a special duty of care to the petitioner
28 May 2024, 6:00 am by Public Employment Law Press
To succeed on a cause of action sounding in negligence, the plaintiff must establish that the defendants owed her a special duty of care (see Ferreira v City of Binghamton, 38 NY3d 298, 317; Wilson v New York City Bd. of Educ., 167 AD3d 820, 820; Destefano v City of New York, 149 AD3d 696, 697). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
Wilson, dissenting, is set out in Ferreira v City of Binghamton, 2022 NY Slip Op 01953, decided on March 22, 2022. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
Wilson, dissenting, is set out in Ferreira v City of Binghamton, 2022 NY Slip Op 01953, decided on March 22, 2022. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/