Merin v. City of New York
154 A.D.3d 928
| N.Y. App. Div. | 2017Background
- Plaintiff Jennifer Merin alleged a stranger recorded a fraudulent deed to property she controlled and took possession of the premises.
- Merin successfully quieted title and regained possession in separate civil and eviction proceedings.
- Merin then sued the City of New York asserting negligence and a 42 U.S.C. § 1983 claim for deprivation of due process based on the City’s handling of the fraudulent deed/recording.
- The City moved to dismiss under CPLR 3211(a)(7) for failure to state a claim.
- Supreme Court (Queens County) granted dismissal; Merin appealed to the Appellate Division, Second Department.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether City owed plaintiff a special duty (negligence) | Merin argued City’s conduct created liability for negligent failure to prevent/rectify the fraudulent conveyance | City argued no special duty was alleged—no direct contact, promise, or justifiable reliance by Merin | Court held Merin failed to plead facts showing a voluntarily assumed special duty or justified reliance; negligence claims dismissed |
| Whether § 1983 due process claim was stated | Merin contended City’s actions violated her procedural/property due process rights | City argued alleged conduct was at most negligent and § 1983 requires more than negligence | Court held negligent acts alone do not implicate the Due Process Clause (Daniels v. Williams); § 1983 claim dismissed |
Key Cases Cited
- Pelaez v. Seide, 2 N.Y.3d 186 (recognition of special-duty theory where government voluntarily assumes duty)
- Applewhite v. Accuhealth, Inc., 21 N.Y.3d 420 (discussion of reliance and special duty principles)
- Laratro v. City of New York, 8 N.Y.3d 79 (governmental duty analysis)
- Cuffy v. City of New York, 69 N.Y.2d 255 (framework for imposing special governmental duties)
- Lauer v. City of New York, 95 N.Y.2d 95 (no special duty absent direct contact and reliance)
- McLean v. City of New York, 12 N.Y.3d 194 (limits on municipal negligence liability)
- Daniels v. Williams, 474 U.S. 327 (negligence by an official does not violate the Due Process Clause)