KOVIT v. ESTATE OF HALLUMS


4 N.Y.3d 499 (2005)

829 N.E.2d 1188

797 N.Y.S.2d 20

LEWIS KOVIT et al., Respondents, v. ESTATE OF KATHERINE HALLUMS, Deceased, Respondent, and CITY OF NEW YORK, Appellant, et al., Defendant. NORMAN LAZAN et al., Respondents, v. COUNTY OF SUFFOLK, Appellant.

Court of Appeals of the State of New York.

Decided May 3, 2005.


Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Pamela Seider Dolgow and Stephen J. McGrath of counsel), for appellant in the first above-entitled action.

Sullivan Papain Block McGrath & Cannavo, P.C., New York City (Stephen C. Glasser and Vito Cannavo of counsel), for Lewis Kovit and another, respondents in the first above-entitled action.

Martyn, Toher, Esposito, Martyn & Adler, Mineola (David C. Smith of counsel), for estate of Katherine Hallums, respondent in the first above-entitled action.

Christine Malafi, County Attorney, Hauppauge (Christopher A. Jeffreys of counsel), for appellant in the second above-entitled action.

Gruenberg & Kelly, PC, Ronkonkoma (Peter Lavrenchik of counsel), for respondent in the second above-entitled action.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

ROSENBLATT, J.

As we explained in Pelaez v Seide (2 N.Y.3d 186, 193 [2004]), municipalities generally enjoy immunity from liability for discretionary activities they undertake through their agents, except when plaintiffs establish a "special relationship" with the municipality. The two cases before us present questions of municipal liability for...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases