The Appellate Division unanimously reversed the Order which denied the City defendants' motion to dismiss the complaint and granted plaintiff's cross motion for leave to amend the complaint, granting defendants' motion and denying plaintiff's motion. Neither the notice of claim nor the complaint alleges facts that demonstrate the special relationship between plaintiff and the City defendants required for liability on the ground that they were negligent in handling plaintiff's 911 call. The proposed amended complaint does not remedy the pleading's deficiencies. Its factual allegations and plaintiff's affidavit that his mother-in-law told him she had called 911 and that the fire department was on its way conflict with plaintiff's § 50-h hearing testimony that he had no memory of the fire and did not know what had happened until he awoke in the hospital.
Velez v. City of New York, NY Slip Op 00277 (1st Dep't January 19, 2021)
