Dinardo v. City of New York

In Dinardo v. City of New York (13 NY3d 872, 921 NE2d 585, 893 NYS2d 818 [2009]), the Court reiterated this rule of law, at least with respect to the requirements for proving liability based on ministerial actions by a government agent. Although the alleged negligence (failure of school officials to protect a teacher against whom threats were made) was discretionary in nature, the Court based its ruling on the conclusion that even if the school officials' actions had been ministerial, a special relationship between the municipality and plaintiff could not be proved because the assurances given by school officials were not "definite enough to generate justifiable reliance by the plaintiff" (id. at 874).