(Download) "Pelaez v. Seide" by New York Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Pelaez v. Seide
- Author : New York Court of Appeals
- Release Date : January 25, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This opinion is uncorrected and subject to revision before publication in the Official Reports. In these two cases, we must decide whether plaintiffs children injured by exposure to lead paint may hold a municipality liable in tort based on certain inspection and health counseling services. As a rule, municipalities are immune from tort liability when their employees perform discretionary acts involving the exercise of reasoned judgment. In a narrow exception to the rule, we have upheld tort claims when plaintiffs have established a ""special relationship"" with the municipality. In the appeals before us, plaintiffs have not made such a showing, and we therefore affirm the dismissal of both complaints against the municipal defendants 1.