Legal Opinion

Turturro ex rel. Turturro v. City of New York

New York Court of Appeals

Decided December 22, 2016PublishedCited by 90 opinions

1Opinion of the Court

OPINION OF THE COURT

Fahey, J.

On this appeal, we are asked to determine whether the City of New York was acting in a proprietary or governmental capacity when it failed to conduct an adequate study of whether traffic calming measures should be implemented after it received numerous, repeated complaints of speeding on a Brooklyn roadway. We are also asked to determine whether the evidence was legally sufficient to uphold the jury’s verdict regarding the issues of proximate cause and the City’s qualified immunity.

We hold that because the acts or omissions claimed to have caused the injury were…

2Cases cited26 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Derdiarian v. Felix Contracting Corp.New York Court of Appeals · 1980
  3. Nallan v. Helmsley-Spear, Inc.New York Court of Appeals · 1980
  4. Weiss v. FoteNew York Court of Appeals · 1960
  5. Miller v. State of New YorkNew York Court of Appeals · 1984

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

3Cited by90 opinions

  1. Connolly v. Long Island Power Auth.Court for the Trial of Impeachments and Correction of Errors · 2018
  2. Ferreira v. City of BinghamtonCourt of Appeals for the Second Circuit · 2020
  3. Brown v. State of New YorkNew York Court of Appeals · 2018
  4. Haibi v. 790 Riverside Drive Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  5. WMC Realty Corp. v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2021

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API