Lamot v City of New York

2009 NY Slip Op 04010 [62 AD3d 572]

May 21, 2009

Appellate Division, First Department

As corrected through Wednesday, July 1, 2009

Nancy Lamot, Respondent, v City of New York,Appellant, et al., Defendant.

—[*1]Michael A. Cardozo, Corporation Counsel, New York (Edward F.X. Hart of counsel),for appellant.

Madeline Lee Bryer, P.C., New York (Steve S. Efron of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or aboutDecember 21, 2006, upon a jury verdict awarding plaintiff $2 million for past pain and sufferingas against defendant City of New York, unanimously reversed, on the law, without costs, and thecomplaint dismissed. The Clerk is directed to enter judgment dismissing the complaint as againstthe City.

Defendant's alleged failure to carry out its obligations under title 6 of the Social ServicesLaw is not actionable (Mark G. v Sabol, 93 NY2d 710, 722 [1999]). Nor, to the extentdefendant's actions are discretionary, does the failure to act give rise to a claim for common-lawnegligence (McLean v City of NewYork, 12 NY3d 194, 203-204 [2009]). To the extent defendant's actions are ministerial,there can be no liability because plaintiff failed to show that defendant owed a special duty to herapart from any it owed to the public in general (id.). Concur—McGuire, J.P.,Acosta, DeGrasse, Richter and Abdus-Salaam, JJ.