New York Court of Appeals

Rachel Balsam, Appellants v. Delma Engineering Corp., Defendants, and City of New York, Respondent

October 21, 199790 N.Y.2d 966

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the City’s police officers’ failure to close or warn about an icy roadway was a governmental function, not a proprietary duty, and therefore the municipality is immune from tort liability absent a special relationship.