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DEVIVO v. ADEYEMO

70 A.D.3d 587 (2010)

894 N.Y.S.2d 747

MELISSA DEVIVO, Plaintiff, v. SAMSON A. ADEYEMO, Defendant, CITY OF NEW YORK, Respondent, and APOLLO THEATER FOUNDATION, INC., Appellant.

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

Decided February 25, 2010.

The officers' alleged negligence cannot support municipal liability as it involved discretionary acts in managing pedestrian and vehicular traffic undertaken in furtherance of public safety (McLean v City of New York, 12 N.Y.3d 194, 203 [2009]; Balsam v Delma Eng'g Corp., 90 N.Y.2d 966, 968 [1997]; Lamot v City of New York, 62 A.D.3d 572

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