In Elie v. Gayle, 9 Misc 3d 131[A], 808 N.Y.S.2d 917, 2005 NY Slip Op 51588[U] [App Term, 2d & 11th Jud Dists 2005]; after the plaintiff's vehicle collided with another vehicle and became disabled, municipal employees asked him to demonstrate why he was unable to move his vehicle, and when he walked into the street to do so, his vehicle was hit and he was injured. The court found that other than the contact between plaintiff and the employees, none of the other elements of a special relationship existed. see also Davis v. New York City Transit Auth., 63 AD3d 990, 882 N.Y.S.2d 207 [2d Dept 2009] [officer's instruction to plaintiff that he not go into subway car was not assumption of affirmative duty to protect him]).