Summary
affirming summary judgment dismissing case based on alleged negligence in "configuring a barricade at a public event"
Summary of this case from Madris v. Martine Tours, Inc.Opinion
No. 2231.
February 25, 2010.
Order, Supreme Court, New York County (Karen S. Smith, J.), entered July 21, 2009, which, in an action for personal injuries sustained when plaintiff was hit by a car and allegedly caused by the negligence of city police officers in configuring a barricade at a public event, granted defendant City's motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.
Katz Rychik, P.C., New York (Abe M. Rychik of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.
Before: Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Abdus-Salaam, JJ.
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 NY3d 194, 203; Balsam v Delma Eng'g Corp., 90 NY2d 966, 968; Lamot v City of New York, 62 AD3d 572).