I.M. v City of New York

Holding The court affirmed the denial of summary judgment for the City and Empress Ambulance Service, finding that issues of fact remained regarding whether the EMTs owed a special duty and whether their actions were discretionary or ministerial under REMAC protocols. The court modified the lower court’s order to dismiss the cause of action for negligent hiring, training, and retention against the City due to the plaintiffs’ failure to oppose that specific branch of the motion.

The court’s words

the parties' competing expert opinions as to what the EMTs were required to do in accordance with those protocols raise an issue of fact

2026 NY Slip Op 05371, at the official text

dueling expert opinions raise issues of fact and credibility that cannot be resolved on a motion for summary judgment

2026 NY Slip Op 05371, at the official text

the focus must be on 'the conduct on which liability is predicated' (Valdez,18 NY3d at 76)

2026 NY Slip Op 05371, at the official text