Recognizing shortcomings in conduct of municipal employees that could have prevented harm incurred by plaintiffs, but noting that "this is not the test" for municipal liability
Holding that no affirmative duty was created where a county health inspector promised additional inspections and erroneously told plaintiff she need not test her child for lead exposure immediately
2011 N.Y. Slip Op. 6501 (N.Y. 2011) Cited 135 times
Holding "when official action involves the exercise of discretion, the officer is not liable for the injurious consequences of that action even if resulting from negligence or malice"
In Weiss, the New York Court of Appeals found that the City of Buffalo's Board of Safety, having made a reasonable decision with respect to the timing of traffic lights, was not subject to review.
2009 N.Y. Slip Op. 8853 (N.Y. 2009) Cited 104 times
Holding that municipal defendants' “vaguely worded statements” that “something was being done” to have a violent student removed from a classroom were insufficient to “constitute an action that would lull a plaintiff into a false sense of security or otherwise generate justifiable reliance” in action by assaulted teacher
Finding no direct contact where plaintiff was unable to communicate by reason of a stroke and rejecting argument that contact with 911 operator by a friend on plaintiff's behalf constituted direct contact
Finding that police officers who arrested a drunk man had breached their assumed duty to him by releasing him close to a highway and not orienting him, such that he was then struck by a car