In DeVito v. New York Univ. Coll. of Dentistry, 145 Misc 2d 144 [Sup Ct, NY County 1989] Justice Preminger observed that the threshold consideration in determining whether a special relationship renders enforcement of an exculpation clause contrary to the public interest is whether the business of the parties is publicly regulated or provides an essential service to the public. In such relationships, "the consumer's need for the service creates an inequality in bargaining strength which enables the purveyor to insist upon a release of liability, generally on its own prepared form, as a condition to providing the service" (145 Misc 2d at 146).