T.R. v. STATE OF NEW YORK

Appeal No. 15001. Case No. 2021-00469.

202 A.D.3d 581 (2022)

159 N.Y.S.3d 671

2022 NY Slip Op 01110

T.R., Appellant, v. State of New York, Respondent.

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

Decided February 17, 2022.


Attorney(s) appearing for the Case

Kenneth J. Gorman , New York, for appellant.

Letitia James , Attorney General, New York ( Elizabeth Brody of counsel), for respondent.

Concur—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.


The court properly granted the State's motion for summary judgment dismissing the claim, as the doctrine of governmental function immunity applies. The State's provision of security measures at the Bronx Psychiatric Campus (BPC) involves a governmental function and the discretionary allocation of resources. Without facts establishing a special relationship between the State and claimant and the performance of ministerial acts by the state, neither of which are present here...

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