PLEASANT RIDGE TOWNHOUSE HOMEOWNERS' ASS'N v. WICKIERI


213 A.D.2d 611 (1995)

624 N.Y.S.2d 230

Pleasant Ridge Townhouse Homeowners' Association, Respondent, v. J.W. Wickieri et al., Individually and as Employees of The State Department of Transportation, Appellants, et al., Defendants

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

March 27, 1995


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

The Supreme Court erred in concluding that the plaintiff could maintain a cause of action against the appellants based on their alleged negligence in issuing a permit pursuant to Highway Law § 52. A suit against a State officer is considered...

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