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KUNZIG v. NASSAU COUNTY

78 A.D.2d 693 (1980)

Louis Kunzig, Jr., Respondent, v. Nassau County et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 27, 1980

Order reversed, on the law, and motion denied, without costs or disbursements.

The critical issue in this case is whether, at the time of the accident, plaintiff was acting in the discharge of his duties and within the scope of his employment with the defendant County of Nassau (see General Municipal Law, § 50-b). This question is ordinarily one for the trier of the fact (see Riviello v Waldron, 47 N.Y.2d 297) and we...

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