Opinion
9381 Index 161749/15
05-21-2019
Gowkarran JAGATPAL, Plaintiff–Appellant, v. Michelle CHAMBLE, etc., et al., Defendants–Respondents, Jodel Leneus, et al., Defendant.
Roth & Roth, LLP, New York (Elliot Shields of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for respondents.
Roth & Roth, LLP, New York (Elliot Shields of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for respondents.
Sweeny, J.P., Renwick, Tom, Kapnick, Oing, JJ.
Order, Supreme Court, New York County (W. Franc Perry, J.), entered on December 19, 2017, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Michelle Chamble, Angela Brown, and the City of New York (the municipal defendants) for summary judgment, unanimously affirmed, without costs.
The municipal defendants cannot be held liable for plaintiff's injuries, even if the traffic officers were negligent, because the officers were involved in the discretionary governmental function of traffic control (see Balsam v. Delma Eng'g Corp. , 90 N.Y.2d 966, 968, 665 N.Y.S.2d 613, 688 N.E.2d 487 [1997] ; Devivo v. Adeyemo , 70 A.D.3d 587, 894 N.Y.S.2d 747 [1st Dept. 2010] ) and plaintiff failed to plead or show that there was a special relationship owed to him (see Valdez v. City of New York , 18 N.Y.3d 69, 77, 936 N.Y.S.2d 587, 960 N.E.2d 356 [2011] ).
We have considered plaintiff's remaining arguments and find them unavailing.