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Thomas v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1992
180 A.D.2d 588 (N.Y. App. Div. 1992)

Summary

holding that "the legal relationship between a borrower and a bank . . . does not create a fiduciary relationship"

Summary of this case from Vulcan Capital Corp. v. Miller Energy Res., Inc.

Opinion

February 27, 1992

Appeal from the Supreme Court, Bronx County (Barry Salman, J.).


Under the unusual circumstances of this case, we find that a special relationship existed between the infant plaintiff and defendant City imposing a duty on the City to exercise care for plaintiff's particular benefit (see, Smullen v. City of New York, 28 N.Y.2d 66). The conduct of the various City agencies sufficed to establish each of the requisite elements of a special relationship, including the "key element" of "direct contact between agents of the municipality and the injured party." (Sorichetti v. City of New York, 65 N.Y.2d 461, 469.)

The evidence adduced at trial was also sufficient to support the award of damages and the finding that defendant City's conduct was, to the extent apportioned, a proximate cause of plaintiff's injuries.

Concur — Milonas, J.P., Ross, Asch and Smith, JJ.


Summaries of

Thomas v. City of New York

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1992
180 A.D.2d 588 (N.Y. App. Div. 1992)

holding that "the legal relationship between a borrower and a bank . . . does not create a fiduciary relationship"

Summary of this case from Vulcan Capital Corp. v. Miller Energy Res., Inc.
Case details for

Thomas v. City of New York

Case Details

Full title:TAMIKA THOMAS, an Infant, by her Guardian ad Litem, PAULINE COVINGTON, et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 27, 1992

Citations

180 A.D.2d 588 (N.Y. App. Div. 1992)
580 N.Y.S.2d 299

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