In an action to recover damages for wrongful death, the defendants County of Suffolk and Suffolk County Department of Social Services appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated June 7, 2006, which denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Ordered that the order is affirmed, with costs payable to the plaintiff.
A municipality is entitled to immunity from liability for the discretionary actions performed by its employees except when a “special relationship” exists between the plaintiff and the municipality (see Pelaez v Seide, 2 NY3d 186, 193 [2004]; see also Laratro v City of New York, 8 NY3d 79, 82-83 [2006]; Kovit v Estate of Hallums, 4 NY3d 499, 507, 508 [2005]; Cuffy v City
Here, the appellants’ submissions reveal that a triable issue of fact exists, inter alia, as to whether there was a “special relationship” between the plaintiff and the appellants.
The parties’ remaining contentions either are improperly raised for the first time on appeal or need not be reached in light of our determination. Rivera, J.P., Dillon, Angiolillo and Dickerson, JJ., concur.
