Legal Opinion
Pelaez v. Seide
New York Court of Appeals
Decided March 25, 2004PublishedCited by 150 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
In these two cases, we must decide whether plaintiffs—children injured by exposure to lead paint—may hold a municipality liable in tort based on certain inspection and health counseling services. As a rule, municipalities are immune from tort liability when their employees perform discretionary acts involving the exercise of reasoned judgment. In a narrow exception to the rule, we have upheld tort claims when plaintiffs have established a “special relationship” with the municipality. In the appeals before us, plaintiffs have not made such a showing, and we…
2Cases cited41 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- De Long v. County of ErieNew York Court of Appeals · 1983
- Christian R. Valencia, an Infant by His Mother and Natural Guardian, Teresa Franco v. Sung M. Lee and Shiu Chun Lee, the City of New YorkCourt of Appeals for the Second Circuit · 2003
- Weiss v. FoteNew York Court of Appeals · 1960
- Miller v. State of New YorkNew York Court of Appeals · 1984
36 more not listed; retrieve them via the Exa API.
3Cited by150 opinions
- McLean v. City of New YorkNew York Court of Appeals · 2009
- Colavito v. New York Organ Donor Network, Inc.Court of Appeals for the Second Circuit · 2006
- AHA Sales, Inc. v. Creative Bath Products, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Steering Committee v. Port Authority of New York & New JerseyNew York Court of Appeals · 2011
- AMW Materials Testing, Inc. v. Town of BabylonCourt of Appeals for the Second Circuit · 2009
145 more not listed; retrieve them via the Exa API.