Avery v. County of Broome

Appellate Division of the Supreme Court of New York

Avery v. County of Broome

23 A.D.2d 515, 255 N.Y.S.2d 333, 1965 N.Y. App. Div. LEXIS 5057

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 12, 1965

StatusPublished

This text of 23 A.D.2d 515 (Avery v. County of Broome) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Avery v. County of Broome, 23 A.D.2d 515, 255 N.Y.S.2d 333, 1965 N.Y. App. Div. LEXIS 5057 (N.Y. Ct. App. 1965).

Pincite

Opinion

Per Curiam.

Defendant, County of Broome, appeals from an order of the Supreme Court at Special Term denying its motion for summary judgment (Rules Civ. Prae., rule 113). The separate defense founded on the provision of the State Constitution (art. IX, § 5) which renders a county immune from liability for the acts of a Sheriff and his deputies committed in the course of their official duties does not bar this action, grounded, as it is, on the supposed negligent acts and omissions of other county agents and employees. Order affirmed, with costs. Gibson, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Defendant, County of Broome, appeals from an order of the Supreme Court at Special Term denying its motion for summary judgment (Rules Civ. Prae., rule 113). The separate defense founded on the provision of the State Constitution (art. IX, § 5) which renders a county immune from liability for the acts of a Sheriff and his deputies committed in the course of their official duties does not bar this action, grounded, as it is, on the supposed negligent acts and omissions of other county agents and employees. Order affirmed, with costs. Gibson, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 515, 255 N.Y.S.2d 333, 1965 N.Y. App. Div. LEXIS 5057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-county-of-broome-nyappdiv-1965.