Devivo v Adeyemo

Devivo v Adeyemo 2010 NY Slip Op 01583 [70 AD3d 587] February 25, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Melissa Devivo, Plaintiff,
v
Samson A. Adeyemo, Defendant, City of New York, Respondent, and Apollo Theater Foundation, Inc., Appellant.

—[*1] Katz & Rychik, P.C., New York (Abe M. Rychik of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.

Order, Supreme Court, New York County (Karen S. Smith, J.), entered July 21, 2009, which, in an action for personal injuries sustained when plaintiff was hit by a car and allegedly caused by the negligence of city police officers in configuring a barricade at a public event, granted defendant City's motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously affirmed, without costs.

The officers' alleged negligence cannot support municipal liability as it involved discretionary acts in managing pedestrian and vehicular traffic undertaken in furtherance of public safety (McLean v City of New York, 12 NY3d 194, 203 [2009]; Balsam v Delma Eng'g Corp., 90 NY2d 966, 968 [1997]; Lamot v City of New York, 62 AD3d 572 [2009]). Concur—Gonzalez, P.J., Mazzarelli, Nardelli, Acosta and Abdus-Salaam, JJ.