Legal Opinion

Kovit v. Estate of Hallums

New York Court of Appeals

Decided May 3, 2005PublishedCited by 39 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

As we explained in Pelaez v Seide (2 NY3d 186, 193 [2004]), municipalities generally enjoy immunity from liability for discretionary activities they undertake through their agents, except when plaintiffs establish a “special relationship” with the municipality. The two cases before us present questions of municipal liability for the actions of police officers in traffic situations. We conclude that in both instances the plaintiffs have not established a special relationship, and their claims must therefore be dismissed.

I. Kovit v Estate of Hallums

While…

2Cases cited8 opinions

  1. Cuffy v. City of New YorkNew York Court of Appeals · 1987
  2. Lauer v. City of New YorkNew York Court of Appeals · 2000
  3. Pelaez v. SeideNew York Court of Appeals · 2004
  4. Kircher v. City of JamestownNew York Court of Appeals · 1989
  5. Kenavan v. City of New YorkNew York Court of Appeals · 1987

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3Cited by39 opinions

  1. McLean v. City of New YorkNew York Court of Appeals · 2009
  2. Williams v. City of New YorkDistrict Court, S.D. New York · 2015
  3. Firmes v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Abraham v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  5. St. Andrew v. O'BrienAppellate Division of the Supreme Court of the State of New York · 2007

34 more not listed; retrieve them via the Exa API.

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