Franco v. Village of Sleepy Hollow

Appellate Division of the Supreme Court of New York

Franco v. Village of Sleepy Hollow

306 A.D.2d 374, 763 N.Y.S.2d 753

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

DecidedJune 16, 2003

StatusPublished

Cited by2 cases

This text of 306 A.D.2d 374 (Franco v. Village of Sleepy Hollow) 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

Franco v. Village of Sleepy Hollow, 306 A.D.2d 374, 763 N.Y.S.2d 753 (N.Y. Ct. App. 2003).

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Opinion

—In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County [375]*375(Bellantoni, J.), entered August 23, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint.

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 NY2d 309 [1991]; Rodriguez v City of New York, 189 AD2d 166 [1993]). 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.

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—In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County [375]*375(Bellantoni, J.), entered August 23, 2002, which granted the defendants’ motion for summary judgment dismissing the complaint.

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 NY2d 309 [1991]; Rodriguez v City of New York, 189 AD2d 166 [1993]). 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.

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Bluebook (online)

306 A.D.2d 374, 763 N.Y.S.2d 753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franco-v-village-of-sleepy-hollow-nyappdiv-2003.

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