In McLean v. The City of New York, 12 NY3d 194 [2009] the plaintiff was injured while attending a city-registered daycare facility. The Court of Appeals stated "We have long followed the rule that an agency of government is not liable for the negligent performance of a governmental function unless there existed a special duty to the injured person, in contrast to a general duty owed to the public". Ms. McLean asserted that a telephone conversation she had with a representative from the New York City Administration for Children's Services established a special relationship. The Court in McLean applied the special relationship test established in Cuffy v. City of New York, 69 NY2d 255 (1987) which requires (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) the party's justifiable reliance on the municipality's affirmative undertaking. All four (4) prongs must be met to satisfy the test. Ms. McLean was unable to satisfy the first two prongs. The Court of Appeals found that no special relationship existed and ruled in favor of the defendant City stating that "The City's duty to Ms. McLean and Briana was neither more nor less than its duty to any other parent and child in need of day care."