Brown v. City of New York

Order, Supreme Court, New York County (Paviola A. Soto, J.), entered on or about July 2, 2004, which, inter alia, granted the motion of defendants-respondents (the municipal defendants) to dismiss the complaint as against them, unanimously affirmed, without costs.

Municipalities are generally immune from tort liability when their employees perform discretionary acts involving the exercise of reasoned judgment, except in those cases where plaintiffs establish that they had a “special relationship” with the municipality giving rise to a duty enforceable in tort (see Pelaez v Seide, 2 NY3d 186…