ESTATE OF ENCHAUTEGUI v. CITY OF NEW YORK

Index No. 6803/07. Appeal No. 13241. Case No. 2020-03335.

192 A.D.3d 404 (2021)

139 N.Y.S.3d 539

2021 NY Slip Op 01231

Estate of Daniel Enchautegui, Deceased, et al., Appellants, v. City of New York, Respondent, et al., Defendants.

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

Decided March 2, 2021.


Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., Garden City ( Christopher J. DelliCarpini of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Kate Fletcher of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, González, Mendez, JJ.


Plaintiffs claim that the City's agent negligently chose a lower priority radio dispatch code in response to the decedent off-duty police officer's 911 call regarding a possible burglary in the house next door and that the use of a lower priority code resulted in police arriving later than they might have if a higher priority code had been used.

The City established that the defense of governmental function immunity applies in this case, as its agent's duties inherently...

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