O'CONNELL v. LUEBS


264 A.D.2d 385 (1999)

694 N.Y.S.2d 112

BARBARA O'CONNELL, Appellant, v. FRANCIS LUEBS et al., Respondents.

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

Decided August 2, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court dismissed the complaint on the ground that the plaintiff failed to name necessary parties. We agree that the complaint should be dismissed, but on a different ground. "It is well settled in this State's jurisprudence that a civilian complainant, by merely seeking police assistance or furnishing information to law enforcement authorities who are then free to exercise their own...

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