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BROWN v. CITY OF NEW YORK

22 A.D.3d 241 (2005)

802 N.Y.S.2d 128

JACK BROWN, Plaintiff, and DENNIS MULLIGAN, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

October 6, 2005.

Municipalities are generally immune from tort liability when their employees perform discretionary acts involving the exercise of reasoned judgment, except in those cases where plaintiffs establish that they had a "special relationship" with the municipality giving rise to a duty enforceable in tort (see Pelaez v Seide, 2 N.Y.3d 186 [2004]; Lauer v City of New York, 95 N.Y.2d 95, 99 [2000...

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