The following excerpt is from Johnson v. City of N.Y., 15 N.Y.3d 676, 917 N.Y.S.2d 10, 942 N.E.2d 219 (N.Y. 2010):
The professional judgment rule insulates a municipality from liability for its employees' performance of their duties " 'where the ... conduct involves the exercise of professional judgment such as electing one among many acceptable methods of carrying out tasks, or making tactical decisions' " ( McCormack v. City of New York, 80 N.Y.2d 808, 811, 587 N.Y.S.2d 580, 600 N.E.2d 211 [1992], quoting Kenavan v. City of New York, 70 N.Y.2d 558, 569, 523 N.Y.S.2d 60, 517 N.E.2d 872 [1987] ). Immunity under the professional judgment rule
[15 N.Y.3d 681]
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