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TAMMARO v. COUNTY OF SUFFOLK

224 A.D.2d 406 (1996)

638 N.Y.S.2d 121

Paul Tammaro et al., Respondents, v. County of Suffolk, Appellant, Robin Peters et al., Respondents, et al., Defendant. (Action No. 1.) Eugene Chang et al., Plaintiffs, v. Robin Peters et al., Respondents. (Action No. 2.) (And Two Third-Party Actions.)

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

February 5, 1996

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the motion is granted, and the complaint, cross claims, and third-party complaints insofar as asserted against the County of Suffolk are dismissed.

We disagree with the Supreme Court's conclusion that a special relationship existed between the County of Suffolk (hereinafter the County) and the plaintiff...

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