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NAPOLITANO v. COUNTY OF SUFFOLK

61 N.Y.2d 863 (1984)

Donna Napolitano, Respondent, v. County of Suffolk et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided February 23, 1984.

Attorney(s) appearing for the Case

David Holmes and Edward J. Hart for appellants.

Stanley N. Young and Judy Slater Hirshon for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur in memorandum; Judge SIMONS taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the order of Supreme Court, County of Suffolk, reinstated.

Faced with a report of a loose horse near a major thoroughfare, the police either had to locate the horse, stop traffic on the road, or take other precautions to protect motorists. With only a few officers immediately available, there was insufficient personnel to pursue more...

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