Lopez v. City of New York

In Lopez v. City of New York, 4 AD2d 48, 163 NYS2d 562 [1957], a playground supervisor was assigned to the playground but had abandoned her post when the accident took place. (See Lopez, 4 AD2d 48, 163 NYS2d 562 [1957].) Therefore, in Lopez, the City had decided to supervise the playground in a particular way and then was negligent in doing so rather than, as in the instant case, determining not to assign any such park supervisor at all. Once it is determined that the municipality was exercising a governmental function, it can only be found liable if there is a "special relationship" between the municipality and the claimant. The elements of this "special relationship" are: "(1) an assumption by the municipality, through promises or actions, of an affirmative duty to act on behalf of the party who was injured; (2) knowledge on the part of the municipality's agents that inaction could lead to harm; (3) some form of direct contact between the municipality's agents and the injured party; and (4) that party's justifiable reliance on the municipality's affirmative undertaking." (Cuffy v. City of New York, 69 NY2d 255, 260, 505 NE2d 937, 513 NYS2d 372 [1987])