Shands v. Escalona, 1797.
Decision Date | 23 October 2007 |
Docket Number | 1797. |
Parties | DEBORAH SHANDS, Respondent, v. REYNALDO ESCALONA et al., Defendants, and CITY OF NEW YORK, Appellant. |
Court | New York Supreme Court — Appellate Division |
Plaintiff alleges that a police officer was negligent when, due to flooding at her intended exit, he guided her back onto the highway, and that as a result her vehicle was struck by a tractor-trailer owned and operated by the codefendants. Accepting plaintiffs version of the facts, any negligence on the part of the officer was committed in the course of a discretionary act for which the City is immune from suit, absent a special relationship (see Kovit v Estate of Hallums, 4 NY3d 499 [2005]). There are no issues of fact as to the existence of a special relationship.
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