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BURKHART v. TOWN OF ONTARIO

105 A.D.2d 1056 (1984)

Daniel Burkhart, Respondent, v. Town of Ontario et al., Appellants. (And Six Other Actions.)

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

November 7, 1984

Order unanimously reversed, without costs, motion granted and complaint dismissed against defendant town.

Memorandum:

Special Term erred in denying summary judgment to the Town of Ontario. In enacting the ordinance, the town was acting in a legislative capacity. As such, it has immunity which rests upon a regard for sound principles of government (see B & J Investors Corp. v Town Bd., 56 A.D.2d 882). "We know...

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