| Jagatpal v Chamble |
| 2019 NY Slip Op 03934 [172 AD3d 573] |
| May 21, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Gowkarran Jagatpal, Appellant, v Michelle Chamble et al., Respondents, et al., Defendant. |
Roth & Roth, LLP, New York (Elliot Shields of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for respondents.
Order, Supreme Court, New York County (W. Franc Perry, J.), entered on December 19, 2017, which, to the extent appealed from as limited by the briefs, granted the motion of defendants Michelle Chamble, Angela Brown, and the City of New York (the municipal defendants) for summary judgment, unanimously affirmed, without costs.
The municipal defendants cannot be held liable for plaintiff's injuries, even if the traffic officers were negligent, because the officers were involved in the discretionary governmental function of traffic control (see Balsam v Delma Eng'g Corp., 90 NY2d 966, 968 [1997]; Devivo v Adeyemo, 70 AD3d 587 [1st Dept 2010]) and plaintiff failed to plead or show that there was a special relationship owed to him (see Valdez v City of New York, 18 NY3d 69, 77 [2011]).
We have considered plaintiff's remaining arguments and find them unavailing. Concur—Sweeny, J.P., Renwick, Tom, Kapnick, Oing, JJ. [Prior Case History: 2017 NY Slip Op 32630(U).]