SHARON BAILEY, Plaintiff-Appellant-res, v. THE CITY OF NEW YORK, def-res, WALLACE C. STEIDLE, Defendant-res-res

9109. SHARON BAILEY, Plaintiff-Appellant-res, v. THE CITY OF NEW YORK, def-res, WALLACE C. STEIDLE, Defendant-res-res — Sullivan Papain Block McGrath & Cannavo P.C., New York (Stephen C. Glasser of counsel), for appellant-res — Law Offices of James J. Toomey, New York (Eric P. Tosca of counsel), for res-res — Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 26, 2011, which granted defendant City of New York's motion for summary judgment dismissing the complaint and cross claim against it, and granted plaintiff's motion for summary judgment on the issue of liability as against defendant Steidle, unanimously affirmed, without costs.

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9109. SHARON BAILEY, Plaintiff-Appellant-res, v. THE CITY OF NEW YORK, def-res, WALLACE C. STEIDLE, Defendant-res-res — Sullivan Papain Block McGrath & Cannavo P.C., New York (Stephen C. Glasser of counsel), for appellant-res — Law Offices of James J. Toomey, New York (Eric P. Tosca of counsel), for res-res — Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for res — Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered July 26, 2011, which granted defendant City of New York’s motion for summary judgment dismissing the complaint and cross claim against it, and granted plaintiff’s motion for summary judgment on the issue of liability as against defendant Steidle, unanimously affirmed, without costs.

Plaintiff seeks damages for injuries she allegedly suffered when the vehicle in which she was a passenger was struck in the rear by the vehicle driven by defendant Steidle at an intersection at which the traffic had been stopped by a police officer. The officer was part of a motorcycle parade escort and had halted all other traffic entering the intersection so that the parade could proceed. The City cannot be held liable for plaintiff’s injuries because the officer was engaged in the discretionary act of traffic control (see Valdez v. City of New York, 18 NY3d 69, 75 [2011]; Lewis v. City of New York, 82 AD3d 410 [1st Dept 2011], lv denied 16 NY3d 713 [2011]).

SHARON BAILEY, Plaintiff-Appellant-res, v. THE CITY OF NEW YORK, def-res, WALLACE C. STEIDLE, Defendant-res-res

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