TIPA v. MAGYER


206 A.D.2d 469 (1994)

615 N.Y.S.2d 1000

Linda Tipa, Individually and as Mother and Natural Guardian of Richard Weeks, an Infant, Respondent, v. Sara B. Magyer, Defendant, and County of Suffolk et al., Appellants

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

July 18, 1994


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellants, and the action against the remaining defendant is severed.

We agree with the appellants' contentions that the plaintiff has failed, as a matter of law, to raise a question of fact as to any negligence on the part of the...

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