Burbach v. City of New York

—Order, Supreme Court, New York County (Eugene L. Nardelli, J.), entered on or about May 19, 1992, which granted defendants’ motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

Plaintiff, a passenger injured in an accident involving a licensed taxicab driver with numerous violations which might have supported revocation of his license by the New York City Taxi and Limousine Commission prior to the accident, seeks damages for defendants’ failure to enforce their own rules and regulations. However, absent a special relationship creating a…