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NY Court Holds Security At Public Park Is A Governmental, Not Proprietary Function

March 2, 2010

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In Ruiz c. City of New York, plaintiff was injured when he was assaulted by other children at a public playground. The question was whether supervision of a playground was a “proprietary” function, for which the City could be held liable, of a “governmental” function, for which no liability could attach.
The court noted that the determination whether to provide security at the playground is exactly the discretionary type of resource-allocation function that is a governmental function and for which the city should be protected from liability absent a special relationship with the plaintiff. Because no special relationship existed, summary judgment was granted to the city dismissing the complaint.
If you have any questions about this post, please contact David Tavella at <a href="mailto:dtavella@wcmlaw.com">dtavella@wcmlaw.com</a>

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