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LITCHHULT v. REISS

149 Misc.2d 584 (1991)

Gilbert Litchhult, as Administrator of The Estate of Larea M. Litchhult, Deceased, Plaintiff, v. Winold T. Reiss et al., Defendants.

Supreme Court, Orange County.

January 30, 1991

Attorney(s) appearing for the Case

MacCartney MacCartney Kerrigan & MacCartney for County of Orange, defendant. Finkelstein Levine Gittelsohn & Tetenbaum for plaintiff. David E. Worby, P. C., for Valley Central School District, defendant. Robert Abrams, Attorney-General, for Winold T. Reiss, defendant. Shea & Gould for Garfinkel & Marenburg and others, defendants. Postner & Rubin for Albert Fentzlaff, Inc., and others, defendants. Johnston & McShane, P. C., for John H. Clark, defendant. Wilson Elser Moskowitz Edelman & Dicker for Fleming & Silverman and others, defendants. John D. Rapoport for Fleetweather, Inc., defendant.

HOWARD MILLER, J.

Defendant County of Orange moves for an order dismissing the complaint for failure to state a cause of action and/or for summary judgment on four grounds:

(1) Orange County had no statutory or legal duty to disseminate weather information;

(2) The county's failure to initiate or enforce a specific county plan is discretionary, not ministerial, and is afforded absolute immunity...

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