In Pelaez v. Seide, 2 NY3d 186, 195, 810 NE2d 393, 778 NYS2d 111 [2004], the Court of Appeals stated that such a special relationship/special duty can be created in one of three ways: (1) by a statute that was enacted for the benefit of a particular class of persons is violated; (2) by voluntary assumption of a duty toward a private party who then justifiably relies on proper performance of that duty; (3) by assuming positive direction and control in the face of a known, blatant and dangerous safety violation (2 NY3d at 199-200, citing Garrett v. Holiday Inns, 58 NY2d 253, 261-262, 447 NE2d 717, 460 NYS2d 774 [1983]).