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BARR v. COUNTY OF ALBANY

50 N.Y.2d 247 (1980)

Gerilyn Barr et al., Appellants, v. County of Albany et al., Respondents, et al., Defendants. (Action No. 1.) Gerilyn Barr et al., Respondents, v. County of Albany et al., Defendants, and Henry Bayer et al., Appellants. (Action No. 2.)

Court of Appeals of the State of New York.

Decided May 8, 1980.

Attorney(s) appearing for the Case

Michael J. Cunningham for appellants in Action No. 1.

Kenneth L. Golden for respondents in Action No. 1.

Robert P. Roche for appellants in Action No. 2.

Michael J. Cunningham for respondents in Action No. 2.

Kenneth L. Golden for defendants in Action No. 2.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

Framed for our resolution on these appeals is the issue whether a warrant, authorizing the search of certain premises but not the arrest of persons found thereon, affords protection to those obligated to enforce it from liability for unlawful arrest and false imprisonment. Should the search warrant afford no such immunity, it becomes necessary to resolve the further issue whether a county can assume...

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