Ehmke v. City of Lockport

Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendant’s motion seeking summary judgment dismissing the complaint. A municipality does not owe a duty of care to any individual unless there is a special relationship between the municipality and the individual (see generally, Cuffy v City of New York, 69 NY2d 255, 260). Defendant met its initial burden by establishing as a matter of law that it had no special relationship with plaintiffs, and plaintiffs, who did not appear in opposition to the motion,…