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MATTER OF BURTIS v. NEW YORK CITY POLICE DEPARTMENT

294 A.D.2d 315 (2002)

742 N.Y.S.2d 545

In the Matter of FARIDA BURTIS, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents.

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

Decided May 30, 2002.

Defendant's investigation of plaintiff's claims of harassing phone calls involved an exercise of discretion for which defendant cannot be held liable in negligence absent an allegation that any of the police officers with whom plaintiff spoke specifically promised to perform a particular act on her behalf (see, Cuffy v City of New York, 69 N.Y.2d 255, 260; see also, Tango v Tulevech, 61 N.Y.2d 34

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