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GANCI v. SUFFOLK COUNTY POLICE DEPARTMENT

285 A.D.2d 580 (2001)

727 N.Y.S.2d 915

MARYANNE GANCI et al., Respondents, v. SUFFOLK COUNTY POLICE DEPARTMENT et al., Appellants.

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

Decided July 23, 2001.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment, as there are triable issues of fact regarding the alleged misfeasance of the defendants' employee (see, Persaud v City of New York, 267 A.D.2d 220; Kovit v Estate of Hallums, 261 A.D.2d 442). Additionally, the Supreme Court properly granted the cross motion...

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