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ORAM v. CAPONE

206 A.D.2d 839 (1994)

615 N.Y.S.2d 799

Donna J. Oram, Respondent, v. Robert L. Capone, Individually and as Administrator of The Estate of James V. Capone, Deceased, Defendant, and Robin J. Halbert et al., Appellants

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

July 15, 1994

Judgment unanimously affirmed without costs.

Memorandum:

Defendant County of Onondaga (County) failed to preserve for review its argument that, pursuant to Weiss v Fote (7 N.Y.2d 579, rearg denied 8 N.Y.2d 934), the doctrine of qualified municipal immunity applies to bar recovery against it. The County argues for the first time on appeal that plaintiff failed to...

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