Hines v. City of New York, 142 A.D.3d 586 (N.Y. App. Div. 2016). · Go Syfert
Hines v. City of New York, 142 A.D.3d 586 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 3 distinct courts.
Strongest positive: Wright v. State of N.Y. (nyappdiv, 2021-03-11)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Wright v. State of N.Y.
N.Y. App. Div. · 2021 · confidence medium
However, the claim alleged negligent investigation, a cause of action that does not exist in this state ( see Ball v Miller , 164 AD3d 728 , 729 [2018], lv denied 32 NY3d 911 [2018]; Hines v City of New York , 142 AD3d 586, 587 [2016]; Medina v City of New York , 102 AD3d 101, 108 [2012]; Ellsworth v City of Gloversville , 269 AD2d 654, 656-657 [2000]).
discussed Cited as authority (rule) Hart v. County of Erie
N.Y. App. Div. · 2020 · confidence medium
As defendant correctly contends, "New York does not recognize a cause of action sounding in negligent investigation" of child abuse and neglect ( Hines v City of New York , 142 AD3d 586, 587 [2d Dept 2016]; see Maldovan v County of Erie , 188 AD3d 1597 , — [4th Dept 2020]).
discussed Cited as authority (rule) Nolan v. County of Erie
W.D.N.Y. · 2020 · confidence medium
See Noakes v. Syracuse Univ., 369 F. Supp. 3d 397, 421 (N.D.N.Y. 2019) (dismissing plaintiff's claim that school negligently conducted a Title [X investigation into alleged sexual assault because it “fails as a matter of New York law” as “there is no cause of action in the State of New York sounding in negligent prosecution or investigation’”) (alteration omitted) (quoting Prasad v. Cornell Univ., 2016 WL 3212079 , at *23 (N.D.N.Y, Feb, 24, 2016)); Hines v. City of N.Y., 37 N.Y.S.3d 136, 137-38 (N.Y.
discussed Cited "see" Estate of M.D. v. State of New York
N.Y. App. Div. · 2021 · signal: see · confidence high
To the extent that the complaint alleges that the Dutchess defendants were negligent in the manner in which they conducted their investigation, the manner of the investigation involved discretionary conduct, and "[a] public employee's discretionary acts—meaning conduct involving the exercise of reasoned judgment—may not result in the [government entity's] liability even when the conduct is negligent" ( Lauer v City of New York , 95 NY2d 95, 99 ; see Hines v City of New York , 142 AD3d 586 ).
discussed Cited "see" Maldovan v. County of Erie
N.Y. App. Div. · 2020 · signal: see · confidence high
Defendants established that the actions of the CPS and APS caseworkers "resulted from discretionary decision-making" ( Valdez , 18 NY3d at 79-80 ; see Hines v City of New York , 142 AD3d 586, 586-587 [2d Dept 2016]; Rivera , 82 AD3d at 648 ; Weitzner v New York City Dept. of Social Servs. , 212 AD2d 414, 415 [1st Dept 1995]).
Retrieving the full opinion text from the archive…
Lovey Laverne Hines, as Limited Administratrix of the Estate of Sierra Helena Roberts, Deceased, Appellant,
v.
City of New York Et Al., Respondents
2014-06530.
Appellate Division of the Supreme Court of the State of New York.
Aug 17, 2016.
142 A.D.3d 586
Mastro, Rivera, Sgroi, Maltese.
Cited by 7 opinions  |  Published

In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (Kerrigan, J.), dated May 5, 2014, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff’s decedent, Sierra Helena Roberts, was seven years old when she was beaten to death by her father, Russell Thomas Roberts, on October 25, 2005. The plaintiff subsequently commenced this action against the defendants, inter alia, to recover damages for Sierra’s wrongful death, alleging that they had improperly investigated a 2003 report of child abuse concerning Sierra, and had erroneously concluded that no abuse occurred at that time. The defendants thereafter moved for summary judgment dismissing the complaint, and the Supreme Court granted the motion. We affirm.

The plaintiff contends that the award of summary judgment in favor of the defendants was error because the defendants were negligent in the manner in which they conducted the 2003 investigation of alleged child abuse, and their negligence was a proximate cause of Sierra’s death two years later. However, the defendants contended and established that they engaged in discretionary conduct in investigating the report of abuse in 2003, and thus cannot be held liable for the manner in which the investigation was performed under the doctrine of governmental immunity (see Rivera v City of New York, 82 AD3d 647, 648 [2011]). A government’s performance of a governmental function, when discretionary in nature, cannot result in liability (see McLean v City of New York, 12 NY3d 194, 203 [2009]; Lauer v City of New York, 95 NY2d 95, 99 [2000]). Discretionary acts “involve the exercise of reasoned[*587] judgment which could typically produce different acceptable results” (Tango v Tulevech, 61 NY2d 34, 41 [1983]). The defendants demonstrated that the subject investigation consisted of a series of discretionary acts (see generally Grant v Cuomo, 130 AD2d 154, 173 [1987], affd 73 NY2d 820 [1988]), and that this was not a situation in which no discretion or judgment was exercised. In any event, the defendants also demonstrated their prima facie entitlement to judgment as a matter of law by establishing that New York does not recognize a cause of action sounding in negligent investigation or negligent prosecution (see Medina v City of New York, 102 AD3d 101, 108 [2012]; Coleman v Corporate Loss Prevention Assoc., 282 AD2d 703, 703 [2001]). In opposition, the plaintiff failed to raise a triable issue of fact. Accordingly, the Supreme Court properly determined that the manner in which the defendants carried out the subject investigation, and the conclusion they ultimately reached, could not constitute a basis for liability.

The plaintiff’s remaining contentions either are without merit or need not be reached in light of our determination.

Mastro, J.P., Rivera, Sgroi and Maltese, JJ., concur.