The Fourth Department, reversing Supreme Court, determined plaintiff, a disabled police officer, had sufficiently alleged breaches of a duty of care by the city and by the health care providers who contracted with the city to manage plaintiff's health care. With respect to the contracting health care managers, the court wrote:
It is well established that there are situations in which “a party who enters into a contract to render services may be said to have assumed a duty of care—and thus be potentially liable in tort—to third persons: [i.e.,] where the contracting party, in failing to exercise reasonable care in the performance of [the party's] duties, launche[s] a force or instrument of harm' ” … , and thereby “creates an unreasonable risk of harm to others, or increases that risk” … . Indeed, “[t]his principle recognizes that the duty to avoid harm to others is distinct from the contractual duty of performance” … . Accepting plaintiff's allegations as true … , we conclude that the amended complaint alleges that those defendants assumed a duty of care to plaintiff and that, in failing to exercise reasonable care in the performance of their duties, they increased the risk of harm to plaintiff. Vassenelli v City of Syracuse, 2016 NY Slip Op 03344, 4th Dept 4-29-16