PEKARSKI v. DONOVAN


247 A.D.2d 857 (1998)

668 N.Y.S.2d 810

Bonnie L. Pekarski, Individually and as Parent and Natural Guardian of James Nasci, an Infant, Respondent, v. Patrick J. Donovan, as Administrator CTA of The Estate of Joseph A. Merola, Jr., Deceased, et al., Defendants, and City of Rome et al., Appellants

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

February 4, 1998


Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendants City of Rome and City of Rome Police Department dismissed.

Memorandum:

Supreme Court erred in denying the motion of defendants City of Rome and City of Rome Police Department (City) for summary judgment dismissing the complaint against them and in granting partial summary judgment to plaintiff, finding that plaintiff established the...

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