| Devivo v Adeyemo |
| 2010 NY Slip Op 01583 [70 AD3d 587] |
| February 25, 2010 |
| Appellate Division, First Department |
| Melissa Devivo, Plaintiff, v Samson A. Adeyemo,Defendant, City of New York, Respondent, and Apollo Theater Foundation, Inc.,Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), forrespondent.
Order, Supreme Court, New York County (Karen S. Smith, J.), entered July 21, 2009, which,in an action for personal injuries sustained when plaintiff was hit by a car and allegedly causedby the negligence of city police officers in configuring a barricade at a public event, granteddefendant City's motion for summary judgment dismissing the complaint and all cross claims asagainst it, unanimously affirmed, without costs.
The officers' alleged negligence cannot support municipal liability as it involveddiscretionary acts in managing pedestrian and vehicular traffic undertaken in furtherance ofpublic safety (McLean v City of NewYork, 12 NY3d 194, 203 [2009]; Balsam v Delma Eng'g Corp., 90 NY2d 966,968 [1997]; Lamot v City of NewYork, 62 AD3d 572 [2009]). Concur—Gonzalez, P.J., Mazzarelli, Nardelli,Acosta and Abdus-Salaam, JJ.