Iacone v. Passanisi
| Decision Date | 18 November 2015 |
| Citation | 19 N.Y.S.3d 583,2015 N.Y. Slip Op. 08386,133 A.D.3d 717 |
| Parties | Nicollette Ann IACONE, etc., et al., plaintiffs-respondents, v. Sal PASSANISI, Jr., et al., defendants-respondents, County of Nassau, appellant, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
Carnell T. Foskey, County Attorney, Mineola, N.Y. (Mary J. Nori of counsel), for appellant.
Kalb & Rosenfeld P.C., Commack, N.Y. (John A. Meringoloand Lisa J. Borsella of counsel), for plaintiffs-respondents.
Abamont & Associates (Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis & Fishlinger, Uniondale, N.Y. [Kathleen D. Foley], of counsel), for defendants-respondents.
In an action to recover damages for personal injuries, etc., the defendant County of Nassau appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (K. Murphy, J.), entered May 31, 2013, as denied that branch of its motion which was for summary judgment dismissing the complaint and all cross claims insofar as asserted against it on the ground that it was entitled to qualified immunity.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the plaintiffs-respondents and the defendants-respondents appearing separately and filing separate briefs.
The plaintiff Nicollette Ann Iacone was injured as a result of a motor vehicle accident at an intersection in Oceanside, and her parents, on her behalf and individually, thereafter commenced this action against the County of Nassau, among others. The complaint alleged, inter alia, that the view of oncoming traffic at the subject intersection was obstructed by a sensor station cabinet owned by the County and by hedges which the County had failed to trim. The County moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it. The Supreme Court denied the motion, and the County appeals from so much of the order as denied that branch of its motion which was based on qualified immunity.
A governmental body owes a nondelegable duty to keep its streets in a reasonably safe condition (see Schuster v. McDonald,263 A.D.2d 473, 474, 692 N.Y.S.2d 721). However, a governmental body is accorded a qualified immunity from liability arising out of a highway safety planning decision (see Poveromo v. Town of Cortlandt,127 A.D.3d 835, 837, 6 N.Y.S.3d 617; Kuhland v. City of New York,81 A.D.3d 786, 787, 916 N.Y.S.2d 637; Schuster v. McDonald,263 A.D.2d at 474, 692 N.Y.S.2d 721). Such immunity is predicated upon an ability to demonstrate that the relevant discretionary determination by the governmental body was the result of a deliberative decision-making process (see Norton v. Village of Endicott,280 A.D.2d 853, 855, 720 N.Y.S.2d 412).
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