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SHANDS v. ESCALONA

44 A.D.3d 524 (2007)

843 N.Y.S.2d 504

DEBORAH SHANDS, Respondent, v. REYNALDO ESCALONA et al., Defendants, and CITY OF NEW YORK, Appellant.

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

Decided October 23, 2007.

Plaintiff alleges that a police officer was negligent when, due to flooding at her intended exit, he guided her back onto the highway, and that as a result her vehicle was struck by a tractor-trailer owned and operated by the codefendants. Accepting plaintiffs version of the facts, any negligence on the part of the officer was committed in the course of a discretionary act for which the City is immune from suit, absent a special...

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