MARIA N. PELAEZ, as Mother and Natural Guardian of SERVANDO R. PELAEZ and Another, Infants, Appellant,
v.
LAURA SEIDE et al., Defendants, and COUNTY OF PUTNAM et al., Respondents.
ASHLEY HARRIS, an Infant, by Her Mother and Natural Guardian, DEBBIE HARRIS, et al., Appellants,
v.
PHILLIP LLEWELLYN, Defendant, and CITY OF NEW YORK, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 10, 2004.
Decided March 25, 2004.
Attorney(s) appearing for the Case
Nancy Fairchild Sachs, P.C., New York City (Nancy Fairchild Sachs of counsel), for appellant in the first-above entitled action.
Servino Santangelo & Randazzo LLP, White Plains (Anthony J. Servino of counsel), for respondents in the first above-entitled action.
Northern Manhattan Improvement Corporation Legal Services, New York City (Kenneth Rosenfeld, Matthew J. Chachère and Andrea L. Rodriguez of counsel), for New York City Coalition to End Lead Poisoning and others, amici curiae in the first above-entitled action.
Anthony P. Rivizzigno, County Attorney, Syracuse (Karen A. Bleskowski of counsel), for County of Onondaga, amicus curiae in the first above-entitled action.
O'Connell and Aronowitz, Albany (Peter Danziger, James E. Nixon and Mark G. Richter of counsel), for New York State Trial Lawyers Association, amicus curiae in the first above-entitled action.
Athari Law Office, Utica (Mo Athari of counsel), amicus curiae in the first above-entitled action.
Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly, John E. Fitzgerald, Eugene S.R. Pagano, Alberto Casadevall and Mitchell Gittin of counsel), for appellants in the second above-entitled action.
Michael A. Cardozo, Corporation Counsel, New York City (Janet L. Zaleon and Kristin M. Helmers of counsel), for respondent in the second above-entitled action.
D'Agostino, Krackeler, Baynes & Maguire, P.C., Menands (Arete K. Sprio of counsel), for County of Albany, amicus curiae in the first and second above-entitled actions.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo, Read and R.S. Smith concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
ROSENBLATT, J.
In these two cases, we must decide whether plaintiffs — children injured by exposure to lead paint — may hold a municipality liable in tort based on certain inspection and health counseling services. As a rule, municipalities are immune from tort liability when their employees perform discretionary acts involving the exercise of reasoned judgment. In a narrow...
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