LAMOT v. CITY OF N.Y

Defendant's alleged failure to carry out its obligations under title 6 of the Social Services Law is not actionable ( Mark G. v Sabol, 93 NY2d 710, 722). Nor, to the extent defendant's actions are discretionary, does the failure to act give rise to a claim for common-law negligence ( McLean v City of New York, 12 NY3d 194, 203-204). To the extent defendant's actions are ministerial, there can be no liability because plaintiff failed to show that defendant owed a special duty to her apart from any it owed to the public in general ( id.).