LEVY v. STATE OF NEW YORK


262 A.D.2d 230 (1999)

692 N.Y.S.2d 354

NICOLE LEVY, Respondent, v. STATE OF NEW YORK et al., Defendants, and CITY OF NEW YORK et al., Appellants. CRYSTAL CHILDS et al., Respondents, v. CITY OF NEW YORK et al., Appellants. LEONARD A. NELSON, SR., et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendant. JEANICE ROBERTS et al., Plaintiffs, and BENJAMIN ANDREWS, Respondent, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

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

Decided June 24, 1999.


Plaintiffs herein were injured at a City College of New York (CCNY) celebrity basketball game. They assert that the police voluntarily assumed a duty to all persons attending the game since they took over functions that would otherwise have been performed by private security or by the game's organizers.

A governmental entity acting with discretionary or reasoned judgment is immune from negligence suits (Tango v Tulevech, 61 N.Y.2d 34

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