September 21, 2021

The governmental function immunity defense.

Government action, if discretionary, may not be a basis for liability, while ministerial actions may be, but only if they violate a special duty owed to the plaintiff, apart from any duty to the public in general.

Santaiti v. Town of Ramapo, NY Slip Op 04986 (2d Dep't September 15, 2021)

Here is the decision.