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ZITO v. COUNTY OF SUFFOLK

2011-10218.

106 A.D.3d 814 (2013)

964 N.Y.S.2d 644

2013 NY Slip Op 3324

JOSEPH ZITO, Respondent, v. COUNTY OF SUFFOLK, Appellant.

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

Decided May 8, 2013.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.

The pertinent background facts are set forth in our determination of a prior appeal (see Zito v County of Suffolk, 81 A.D.3d 722 [2011]). On this appeal, the defendant, County of Suffolk, appeals from an order denying its motion for summary judgment dismissing the complaint based...

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