Sebastian v. State of New York

In Sebastian v. State of New York (93 N.Y.2d 790 [1999]), the Court of Appeals explained that: "This Court has recognized that ' a governmental entity's conduct may fall along a continuum of responsibility to individuals and society deriving from its governmental and proprietary functions.' At one end of the continuum lie purely governmental functions 'undertaken for the protection and safety of the public pursuant to the general police powers.' In this category, the State remains generally immune from negligence claims, absent a special relationship between the injured party and the State. "On the opposite periphery lie proprietary functions in which governmental activities essentially substitute for or supplement 'traditionally private enterprises.' Activities catalogued in the proprietary ledger generally subject the State 'to the same duty of care as private individuals and institutions engaging in the same activities.' " (93 N.Y.2d at 793 .)