SIAN GREEN, plf-ap, v. THE CITY OF NEW YORK def-res, FAYSAL KABIR MOHAMMAD HIMON def

3847. SIAN GREEN, plf-ap, v. THE CITY OF NEW YORK def-res, FAYSAL KABIR MOHAMMAD HIMON def — The Marchese Law Firm, LLC, Newton, NJ (Daniel G.P. Marchese of the bar of the State of New Jersey, admitted pro hac vice, of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), for res — Order, Supreme Court, New York County (Margaret A. Chan, J.), entered March 4, 2016, which granted the motion of defendants City of New York, New York City Department of Transportation and New York City Taxi & Limousine Commission to dismiss the complaint as against them, and denied plaintiff's cross motion to amend the complaint, unanimously affirmed, without costs.

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3847. SIAN GREEN, plf-ap, v. THE CITY OF NEW YORK def-res, FAYSAL KABIR MOHAMMAD HIMON def — The Marchese Law Firm, LLC, Newton, NJ (Daniel G.P. Marchese of the bar of the State of New Jersey, admitted pro hac vice, of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Jeremy W. Shweder of counsel), for res — Order, Supreme Court, New York County (Margaret A. Chan, J.), entered March 4, 2016, which granted the motion of defendants City of New York, New York City Department of Transportation and New York City Taxi & Limousine Commission to dismiss the complaint as against them, and denied plaintiff’s cross motion to amend the complaint, unanimously affirmed, without costs.

Plaintiff was severely injured when, while standing on the sidewalk, a taxicab hopped the curb and struck her. The taxi driver had numerous penalty points on his license that might have supported a suspension of his license prior to the accident, and plaintiff alleges that the failure to suspend the driver sooner was the result of a “computer glitch” at defendant Taxi & Limousine Commission. Plaintiff seeks damages for the City defendants’ failure to enforce their own rules and regulations. However, absent a special relationship giving rise to a duty on the part of the municipality to exercise care for the benefit of a particular class of individuals, no liability may be imposed upon a municipality for failure to enforce a statute or regulation (see Valdez v. City of New York, 18 NY3d 69, 75 [2011]).

SIAN GREEN, plf-ap, v. THE CITY OF NEW YORK def-res, FAYSAL KABIR MOHAMMAD HIMON def

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