Opinion
December 9, 1985
Appeal from the Supreme Court, Kings County (Held, J.).
Order affirmed, insofar as appealed from, without costs or disbursements.
Defendants cannot be held liable in this matter absent a special duty owed to plaintiff (see, e.g., Vitale v City of New York, 60 N.Y.2d 861, 863, rearg denied 61 N.Y.2d 759; Glick v City of New York, 53 A.D.2d 528, affd 42 N.Y.2d 831). The facts testified to by plaintiff at the Comptroller's hearing are insufficient to raise a genuine issue as to the existence of such a duty (see, Corcoran v Community School Dist. 17, 114 A.D.2d 835). Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.