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STIPO v. TOWN OF NORTH CASTLE

205 A.D.2d 608 (1994)

613 N.Y.S.2d 407

John L. Stipo, Respondent, v. Town of North Castle, Defendant, and Richard Herbst et al., Appellants

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

June 13, 1994

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court acted properly in denying the appellants' motion to dismiss the action against them on the ground of qualified immunity. While the applicability of this doctrine to a given case should be resolved at the earliest appropriate stage of the litigation (see, Hunter v Bryant, 502 U.S. 224, 112 S.Ct. 534), "[a] factual...

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