The following excerpt is from Jones v. State, 307 N.E.2d 236, 33 N.Y.2d 275, 352 N.Y.S.2d 169 (N.Y. 1973):
* A municipality is not liable, however, for an act of positive and designed injury not done with a view to the municipality's service or for the purpose of executing its orders. (Burns v. City of New York, 6 A.D.2d 30, 32, 34--35, 36, 174 N.Y.S.2d 192, 195, 197--198, 199.)
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