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Lewis v. City of New York

82 A.D.3d 410 Court N.Y. App. Div. Decision date 2011-03-01 English

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p. 410
Stella Lewis et al., Appellants, v City of New York, Respondent, et al., Defendants.
[918 NYS2d 70]
p. 411
On February 7, 2006, the injured plaintiff was struck by a bus as she crossed the intersection of 34th Street and Broadway. She alleged that a proximate cause of the accident was the negligent acts of a traffic officer employed by the City of New York in directing traffic at the intersection.

Supreme Court correctly held that the officer’s action involved discretionary conduct, and, thus, the City was immune from liability (see Devivo v Adeyemo, 70 AD3d 587 [2010]; Shands v Escalona, 44 AD3d 524 [2007], lv denied 10 NY3d [2008]).

In light of the foregoing, we need not reach plaintiffs’ remaining contentions. Concur — Gonzalez, BJ., Tom, Andrias, Renwick and Abdus-Salaam, JJ.

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