42 N.Y.2d 876 | NY | 1977
Memorandum. Order modified, without costs, and the complaint as to defendants Village of Liberty and John Como dismissed.
Absent a special relationship creating a municipal duty to exercise care for the benefit of a particular class of individuals, no liability may be imposed upon a municipality for
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order modified, without costs, in accordance with the memorandum herein and, as so modified, affirmed. Question certified answered in the affirmative.