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BROWN v. CITY OF NEW YORK
Appellate Division of the Supreme Court of New York, First Department.
Oct 6, 2005
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Municipalities are generally immune from tort liability when their employees perform discretionary acts involving the exercise of reasoned judgment, except in those cases where plaintiffs establish that they had a "special relationship" with the municipality giving rise to a duty enforceable in tort ( see Pelaez v. Seide, 2 NY3d 186; Lauer v. City of New York, 95 NY2d 95, 99; Tango v. Tulevech, 61 NY2d 34). Inasmuch as the complained-of conduct by municipal employees was discretionary and there is no allegation justifying an inference that there was a "special relationship" between plaintiff and the City, the complaint failed to state a cognizable claim for relief as against the municipal defendants.
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