In Kovit v Estate of Hallums, 4 NY3d 499, 508 [2005], the Court held that the Plaintiff failed the second prong of the special relationship test because the defendant was not aware their inaction would result in the plaintiff's injury.

In Kovit, the Plaintiff never informed the police officer that he was too sick to drive, therefore the police officer was not aware that his inaction in preventing the Plaintiff from driving would lead to an accident.