WEITZNER v. NEW YORK CITY DEP'T OF SOC SERVS.


212 A.D.2d 414 (1995)

622 N.Y.S.2d 688

Dorothea M. Weitzner, Appellant, v. New York City Department of Social Services et al., Respondents and Third-Party Plaintiffs. Robert L. Cucin, Third-Party Defendant-Respondent

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

February 14, 1995


Since a third-party defendant is entitled to raise any defenses against the plaintiff which the third-party plaintiff has to the action (CPLR 1008), and the answer by the third-party defendant interposed the defense of governmental immunity, it is irrelevant that the municipal defendants did not assert their immunity. It is established that "when official action involves the exercise of discretion or expert judgment in policy matters, and is not exclusively ministerial, a...

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