CAROSSIA v. CITY OF NEW YORK


39 A.D.3d 429 (2007)

835 N.Y.S.2d 102

LUCIA CAROSSIA et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Appellants-Respondents.

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

Decided April 26, 2007.


Defendants are entitled to immunity "for those governmental actions requiring expert judgment or the exercise of discretion. This immunity ... is absolute when the action involves the conscious exercise of discretion of a judicial or quasi-judicial nature" (Arteaga v State of New York, 72 N.Y.2d 212, 216 [1988] [citations omitted]). Here, the investigation and decision by the Administration for Children's Services (ACS), resulting...

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