Is there a difference between a plaintiff's claim for negligent infliction of emotional distress and breach of duty of care against a Health and Social Justice Commissioner (FJC) for her injuries?

Negligent infliction of emotional distress and breach of duty of care. "Liability for a claim that a municipality negligently exercised a governmental function turns upon the existence of a special duty to the injured person, in contrast to a general duty owed to the public." Coleson v. City of New York, 24 N.Y.3d 476, 481 (2014). The allegations in the proposed amended complaint that FJCs have a general duty to provide assistance to her are insufficient to plead the existence of a specific duty owed by FJCs to Rodrigues. See id. (describing various ways in which a "special relationship" may be formed). Her claim for breach of duty of care also falters for substantially the same reason.