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R.B. v. COUNTY OF ORANGE

220 A.D.2d 401 (1995)

631 N.Y.S.2d 919

R.B. et al., Appellants, v. County of Orange, Respondent, et al., Defendants. (Action No. 1.) M.E.C. et al., Appellants, v. County of Orange, Respondent, et al., Defendants. (Action No. 2.) J.A.P. et al., Appellants, v. County of Orange, Respondent, et al., Defendants. (Action No. 3.)

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

October 2, 1995

Ordered that the judgments are reversed, on the law, and a new trial is granted, with costs to abide the event.

The trial court erred, both procedurally and substantively, when it instructed the jury that if it determined that the plaintiffs' claims of negligence involved judgmental errors, as opposed to ministerial acts, the County of Orange (hereinafter the County) could not be held liable. Procedurally, this was improper...

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