| Lewis v City of New York |
| 2011 NY Slip Op 01527 [82 AD3d 410] |
| March 1, 2011 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Stella Lewis et al., Appellants, v City of New York, Respondent, et al., Defendants. |
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Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for
respondent.
Judgment, Supreme Court, New York County (Michael D. Stallman, J.), entered March 26, 2010, dismissing the complaint and all cross claims as against defendant City of New York (the City) pursuant to an order, same court and Justice, entered March 24, 2010, which granted the City's motion for summary judgment, unanimously affirmed, without costs. Appeal from the above order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
On February 7, 2006, the injured plaintiff was struck by a bus as she crossed the intersection of 34th Street and Broadway. She alleged that a proximate cause of the accident was the negligent acts of a traffic officer employed by the City of New York in directing traffic at the intersection.
Supreme Court correctly held that the officer's action involved discretionary conduct, and, thus, the City was immune from liability (see Devivo v Adeyemo, 70 AD3d 587 [2010]; [*2]Shands v Escalona, 44 AD3d 524 [2007], lv denied 10 NY3d [2008]).
In light of the foregoing, we need not reach plaintiffs' remaining contentions. Concur—Gonzalez, P.J., Tom, Andrias, Renwick and Abdus-Salaam, JJ.