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JAGATPAL v. CHAMBLE

9381, 161749/15.

172 A.D.3d 573 (2019)

98 N.Y.S.3d 741

2019 NY Slip Op 03934

Gowkarran Jagatpal, Appellant, v. Michelle Chamble et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 21, 2019.

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 N.Y.2d 966, 968 [1997]; Devivo v Adeyemo, 70 A.D.3d 587 [1st Dept 2010]) and plaintiff failed to plead or show that there was a special relationship...

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