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HARRIS v. LLEWELLYN

298 A.D.2d 556 (2002)

748 N.Y.S.2d 676

ASHLEY HARRIS et al., Appellants, v. PHILLIP LLEWELLYN, Defendant, and CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 28, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

"[T]o sustain liability against a municipality, the duty breached must be more than a duty owing to the general public. There must exist a special relationship between the municipality and the plaintiff, resulting in the creation of `a duty to use due care for the benefit of particular persons or classes of persons'" (Florence v Goldberg,

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