Summary
The Appellate Division, Second Department affirmed dismissal of a personal-injury action arising from a bicyclist’s collision with a fire hose laid across a street. The court held that traffic regulation and laying fire hoses are governmental functions and that the plaintiff failed to allege a special duty sufficient to overcome governmental immunity.
Holdings
- Traffic regulation and the laying of fire hoses are governmental functions undertaken for the protection and safety of the public pursuant to general police powers.
- When a municipality acts in a governmental capacity, a negligence plaintiff must establish the existence of a special duty; Barrack failed to allege such a duty, so dismissal was proper.
- Dismissal under CPLR 3211(a)(7) was warranted because the complaint failed to plead facts supporting an enforceable negligence claim against the defendants.
Questions Presented
- Whether the Village and Piermont Fire Department were performing governmental functions when traffic was regulated and a fire hose was laid across the street.
- Whether the complaint adequately alleged a special duty sufficient to overcome governmental immunity.
- Whether dismissal under CPLR 3211(a)(7) was proper.
Disposition
affirmed
Cases Cited (14)
- Leon v. Martinez, 84 N.Y.2d 83, 87-88(followed)
- Connaughton v. Chipotle Mexican Grill, Inc., 29 N.Y.3d 137, 141-142(followed)
- Turturro v. City of New York, 28 N.Y.3d 469, 477-478(followed)
- Applewhite v. Accuhealth, Inc., 21 N.Y.3d 420, 425-426(followed)
- Connolly v. Long Is. Power Auth., 30 N.Y.3d 719, 727(followed)
- Trenholm-Owens v. City of Yonkers, 197 A.D.3d 521, 523(followed)
- Ferreira v. City of Binghamton, 38 N.Y.3d 298, 312-313(followed)
- Balsam v. Delma Eng'g Corp., 90 N.Y.2d 966, 968(followed)
- Miserendino v. City of Mount Vernon, 96 A.D.3d 810(followed)
- Santoro v. City of New York, 17 A.D.3d 563(followed)
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Cited In (0)
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