Order affirmed, insofar as appealed from, without costs or disbursements.
Defendants cannot be held liable in this matter absent a special duty owed to plaintiff (see, e.g., Vitale v City of New York, 60 N.Y.2d 861, 863, rearg denied 61 N.Y.2d 759; Glick v City of New York, 53 A.D.2d 528, affd 42 N.Y.2d 831). The facts testified to by plaintiff at the Comptroller's hearing are insufficient to raise a genuine issue as to the existence of such a duty (see, Corcoran v Community School Dist. 17, 114 A.D.2d 835). Lazer, J.P., Thompson, O'Connor, Rubin and Kunzeman, JJ., concur.