The following excerpt is from Davis v. S. Nassau Cmtys. Hosp., 26 N.Y.3d 563, 26 N.Y.S.3d 231, 46 N.E.3d 614 (N.Y. 2015):
Third, our decision herein should not be construed as an erosion of the prevailing principle that courts should proceed cautiously and carefully in recognizing a duty of care. We have previously noted that, "[w]hile the temptation is always great to provide a form of relief to one who has suffered, ... the law cannot provide a remedy for every injury incurred" (Albala v. City of New York, 54 N.Y.2d 269, 274, 445 N.Y.S.2d 108, 429 N.E.2d 786 [1981] ). In other words, we have said that "[n]ot all mistakes ... result in liability" (McNulty, 100 N.Y.2d at 232, 762 N.Y.S.2d 12, 792 N.E.2d 162 ). This decision does not reflect a retreat from those principles.
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