Wlliam Motyka, an Infant, by Stanley Motyka, His Guardian ad Litem v. City of Amsterdam

Summary

The New York Court of Appeals affirmed the dismissal of the negligence action against the City of Amsterdam, holding that the municipality owed no actionable duty to the plaintiffs to enforce the Multiple Residence Law or to provide individualized fire protection, even after the waiver of sovereign immunity. The court relied on prior authority that municipal liability arises only when a statute is intended to protect a particular class, not the general public. Chief Judge Desmond dissented, arguing that the city should be liable for its failure to abate the known hazardous condition.