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AMODIO v. CITY OF NEW YORK

33 A.D.3d 456 (2006)

822 N.Y.S.2d 530

DENNIS AMODIO et al., Respondents, v. CITY OF NEW YORK et al., Appellants. WARRINGTON GROUP, LTD., et al., Third-Party Plaintiffs-Appellants, v. BARON RUBBER, LTD., Third-Party Defendant-Respondent.

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

Decided October 19, 2006.

A municipal defendant generally is not answerable in damages for the injurious consequences of official action involving the exercise of discretion or expert judgment in policy matters, and is not exclusively ministerial (Haddock v City of New York, 75 N.Y.2d 478, 484 [1990]; see Mon v City of New York, 78 N.Y.2d 309, 313 [1991]; Tango v Tulevech, 61 N.Y.2d 34

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