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TURTURRO v. CITY OF NEW YORK

No. 196.

28 N.Y.3d 469 (2016)

68 N.E.3d 693

45 N.Y.S.3d 874

2016 NY Slip Op 08579

ANTHONY TURTURRO, an Infant, by His Mother and Natural Guardian, ELIDA TURTURRO, et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendants.

Court of Appeals of New York.

Decided December 22, 2016.

Attorney(s) appearing for the Case

Zachary W. Carter, Corporation Counsel, New York City (Susan P. Greenberg, Richard Dearing and Cecelia Chang of counsel), for appellant.

Gallagher, Walker, Bianco & Plastaras, Esqs., Mineola (Robert J. Walker of counsel), for respondents.

Dennis M. Brown, County Attorney, Hauppauge (Christopher A. Jeffreys of counsel), for County of Suffolk, amicus curiae.

Harris Beach PLLC, New York City (Bradley M. Wanner and Andrew J. Orenstein of counsel), for International Municipal Lawyers Association, amicus curiae.

OPINION OF THE COURT

On this appeal, we are asked to determine whether the City of New York was acting in a proprietary or governmental capacity when it failed to conduct an adequate study of whether traffic calming measures should be implemented after it received numerous, repeated complaints of speeding on a Brooklyn roadway...

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