Sanchez v. Village of Liberty

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 *878failure to enforce a statute or regulation (Motyka v City of Amsterdam, 15 NY2d 134, 139; see Smullen v City of New York, 28 NY2d 66, 72). Because the statutes and ordinances involved in the case at bar create no such special relationship, no liability may be imposed. Nor may liability be imposed…