| Shands v Escalona |
| 2007 NY Slip Op 07930 [44 AD3d 524] |
| October 23, 2007 |
| Appellate Division, First Department |
| Deborah Shands, Respondent, v Reynaldo Escalona et al.,Defendants, and City of New York, Appellant. |
—[*1] Ofshtein & Ross, P.C., Brooklyn (Stuart K. Gechlik of counsel), for respondent.
Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered January 13, 2006,which denied defendant City's motion for summary judgment dismissing the complaint as againstit, unanimously reversed, on the law, without costs, the City's motion granted, and the complaintdismissed as against it. The Clerk is directed to enter judgment accordingly.
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 atractor-trailer 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 forwhich the City is immune from suit, absent a special relationship (see Kovit v Estate of Hallums, 4 NY3d499 [2005]). There are no issues of fact as to the existence of a special relationship.Concur—Lippman, P.J., Andrias, Williams, Buckley and Malone, JJ.