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Franco v. Village of Sleepy Hollow

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2003
306 A.D.2d 374 (N.Y. App. Div. 2003)

Opinion

2002-09138

Argued May 27, 2003.

June 16, 2003.

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered August 23, 2002, which granted the defendants' motion for summary judgment dismissing the complaint.

Oxman Tulis Kirkpatrick Whyatt Geiger, LLP, White Plains, N.Y. (Marc S. Oxman and Lois N. Rosen of counsel), for appellant.

Murphy Stecich Powell, LLP, Tarrytown, N.Y. (Marianne Stecich of counsel), for respondents.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The defendant police department's decisions in this case were based on the exercise of reasoned judgment which entitled the defendants to governmental immunity (see Mon v. City of New York, 78 N.Y.2d 309; Rodriguez v. City of New York, 189 A.D.2d 166). Accordingly, the Supreme Court properly granted summary judgment with respect to the negligence causes of action.

The plaintiffs' remaining contentions are without merit.

RITTER, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.


Summaries of

Franco v. Village of Sleepy Hollow

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2003
306 A.D.2d 374 (N.Y. App. Div. 2003)
Case details for

Franco v. Village of Sleepy Hollow

Case Details

Full title:JOHN G. FRANCO, ETC., ET AL., appellants, v. VILLAGE OF SLEEPY HOLLOW, ET…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 16, 2003

Citations

306 A.D.2d 374 (N.Y. App. Div. 2003)
763 N.Y.S.2d 753

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