County of Niagara v. Stratton

Appellate Division of the Supreme Court of New York

County of Niagara v. Stratton

52 A.D.3d 1189, 858 N.Y.S.2d 620

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

DecidedJune 6, 2008

StatusPublished

This text of 52 A.D.3d 1189 (County of Niagara v. Stratton) 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

County of Niagara v. Stratton, 52 A.D.3d 1189, 858 N.Y.S.2d 620 (N.Y. Ct. App. 2008).

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Opinion

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered September 21, 2007. The order denied defendant’s motion for, inter alia, summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the amended complaint and as modified the order is affirmed without costs.

Memorandum: Defendant appeals from an order denying his motion for, inter alia, summary judgment dismissing the amended complaint as barred by General Municipal Law § 50-b (1). In its responding brief on appeal, plaintiff agrees with defendant that he is entitled to that relief in the event that he was acting in the discharge of his duties and within the scope of his employment. We conclude that the record establishes as a matter of law that defendant was so acting, and we therefore modify the order accordingly. Present—Scudder, P.J, Hurlbutt, Smith, Fahey and Gorski, JJ.

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Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered September 21, 2007. The order denied defendant’s motion for, inter alia, summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the amended complaint and as modified the order is affirmed without costs.

Memorandum: Defendant appeals from an order denying his motion for, inter alia, summary judgment dismissing the amended complaint as barred by General Municipal Law § 50-b (1). In its responding brief on appeal, plaintiff agrees with defendant that he is entitled to that relief in the event that he was acting in the discharge of his duties and within the scope of his employment. We conclude that the record establishes as a matter of law that defendant was so acting, and we therefore modify the order accordingly. Present—Scudder, P.J, Hurlbutt, Smith, Fahey and Gorski, JJ.

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Bluebook (online)

52 A.D.3d 1189, 858 N.Y.S.2d 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-niagara-v-stratton-nyappdiv-2008.

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