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QUIGLEY v. GOLDFINE

276 A.D.2d 681 (2000)

714 N.Y.S.2d 733

RENATE S. QUIGLEY et al., Appellants, v. BRIAN E. GOLDFINE et al., Defendants, and INCORPORATED VILLAGE OF GARDEN CITY, Respondent. (Action No. 1.) BRIAN GOLDFINE, Plaintiff, v. RENATE S. QUIGLEY et al., Defendants. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 23, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

In the field of traffic design, a municipality is accorded a qualified immunity from liability arising out of highway planning decisions (see, Alexander v Eldred, 63 N.Y.2d 460). Under this doctrine of qualified immunity, a governmental body may not be liable unless its study of traffic conditions is plainly inadequate or there is no reasonable basis...

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