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SANCHEZ v. VILL. OF LIBERTY

42 N.Y.2d 876 (1977)

Jose A. Sanchez, as Administrator of The Estate of Laura Sanchez, Deceased, et al., Appellants-Respondents, v. Village of Liberty et al., Respondents-Appellants, and New York State Electric & Gas Corporation, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided June 9, 1977.

Attorney(s) appearing for the Case

Gerald Orseck for appellants-respondents.

Jed B. Wolkenbreit and Robert P. Roche for respondents-appellants.

Lawrence E. Lagarenne for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

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 failure to enforce a statute or regulation (Motyka v City of Amsterdam...

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