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DEBORAH SHANDS, Respondent v. REYNALDO ESCALONA et al., Defendants, and CITY OF NEW YORK, Appellant.

Plaintiff alleges that a police officer was negligent when, due to flooding at her intended exit, he guided her back onto the highway, and that as a result her vehicle was struck by a tractortrailer owned and operated by the codefendants. Accepting plaintiffs version of the facts, any negligence on the part of the officer was committed in the course of a discretionary act for which the City is immune from suit, absent a special relationship ( see Kovit v Estate of Hallums, 4 NY3d 499). There are no issues of fact as to the existence of a special relationship.

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SHANDS v. ESCALONA
(Oct 23, 2007)