BALSAM v. DELMA ENG'G CORP.


234 A.D.2d 118 (1996)

650 N.Y.S.2d 707

Rachel Balsam et al., Respondents, v. Delma Engineering Corp. et al., Defendants, and City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 12, 1996


Contrary to plaintiffs' assertion, at the time and place in question, the police were engaged in the regulation of traffic, a police function, and were therefore acting in a governmental, as opposed to proprietary, capacity (see, Parsons v City of New York, 248 App Div 825, affd 273 N.Y. 547; see also, Kamnitzer v City of New York, 265 App Div 636). Indeed, it is the plaintiffs' argument that the police were negligent in not re-routing traffic...

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