LAZAN v. COUNTY OF SUFFOLK


11 A.D.3d 589 (2004)

783 N.Y.S.2d 70

NORMAN LAZAN et al., Respondents, v. COUNTY OF SUFFOLK, Appellant.

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

October 18, 2004.


Ordered that the order is affirmed, with costs.

Where, as here, the complaint alleges that a police officer undertook to direct the injured plaintiff to move his vehicle off the Long Island Expressway, the Supreme Court correctly characterized the plaintiffs' allegations against the defendant as misfeasance rather than nonfeasance (see Kovit v Estate of Hallums, 261 A.D.2d 442 [1999]; see also Persaud v City of New York...

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