A governmental entity is not entitled to governmental function
immunity when engaged in a proprietary function at the time of an accident (see Wittorf v City of New York, 23 NY3d 473; Applewhite v Accuhealth, Inc., 21 NY3d 420). Nor is a
governmental entitled to qualified immunity, in the absence of any evidence in
the record that a study of the risks involved had been conducted (see Turturro v City of New York, 28 NY3d 469). Click on the
URL below to access this decision posted on the Internet:
https://www.nycourts.gov/reporter/3dseries/2023/2023_00055.htm