Mahnke v. County of Westchester

Appellate Division of the Supreme Court of New York

Mahnke v. County of Westchester

203 A.D.2d 336, 612 N.Y.S.2d 918, 1994 N.Y. App. Div. LEXIS 3717

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

DecidedApril 11, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 336 (Mahnke v. County of Westchester) 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

Mahnke v. County of Westchester, 203 A.D.2d 336, 612 N.Y.S.2d 918, 1994 N.Y. App. Div. LEXIS 3717 (N.Y. Ct. App. 1994).

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Opinion

—In an action to recover damages, inter alia, for wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (Gurahian, J.), dated June 25, 1992, which granted the defendants’ motion for summary judgment dismissing the complaint pursuant to CPLR 3212 (b) and denied her cross motion for leave to serve an amended complaint.

Ordered that the order is affirmed, with costs.

The plaintiff failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to the existence of a "special relationship” between the police and the decedent (see, Cuffy v City of New York, 69 NY2d 255, 260).

We have reviewed the plaintiff’s remaining contention and conclude that it is without merit. Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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—In an action to recover damages, inter alia, for wrongful death, the plaintiff appeals from an order of the Supreme Court, Westchester County (Gurahian, J.), dated June 25, 1992, which granted the defendants’ motion for summary judgment dismissing the complaint pursuant to CPLR 3212 (b) and denied her cross motion for leave to serve an amended complaint.

Ordered that the order is affirmed, with costs.

The plaintiff failed to raise a triable issue of fact (see, CPLR 3212 [b]) as to the existence of a "special relationship” between the police and the decedent (see, Cuffy v City of New York, 69 NY2d 255, 260).

We have reviewed the plaintiff’s remaining contention and conclude that it is without merit. Thompson, J. P., Rosenblatt, Ritter, Friedmann and Krausman, JJ., concur.

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Bluebook (online)

203 A.D.2d 336, 612 N.Y.S.2d 918, 1994 N.Y. App. Div. LEXIS 3717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahnke-v-county-of-westchester-nyappdiv-1994.

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