The following excerpt is from Garrett v. Holiday Inns, Inc., 447 N.E.2d 717, 460 N.Y.S.2d 774, 58 N.Y.2d 253 (N.Y. 1983):
In Motyka v. City of Amsterdam, 15 N.Y.2d 134, 256 N.Y.S.2d 595, 204 N.E.2d 635, supra, plaintiffs brought a cause of action against the city after a fire broke out in an apartment building, killing and injuring several people. The complaint alleged that the city failed to enforce certain provisions of the Multiple Residen Law by refusing to take proper action to see that a defective oil heater, which was known to have caused a previous fire, was repaired or removed. This court held that the complaint was properly dismissed because the city owed only a general duty to the public as opposed to a special duty to the plaintiffs.
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