PROCE v. TOWN OF STONY POINT

2019-04211. Index No. 31402/17.

185 A.D.3d 975 (2020)

127 N.Y.S.3d 541

2020 NY Slip Op 04195

Cindy Proce et al., Respondents, v. Town of Stony Point et al., Appellants.

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

Decided July 22, 2020.


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion for summary judgment on the issue of liability and dismissing the first and fifth affirmative defenses is denied, and the defendants' cross motion for summary judgment dismissing the amended complaint is granted.

On October 11, 2016, at 7:53 a.m., the defendant Robert J. Hurley, a police officer employed by the defendant Town of Stony Point, was operating a police vehicle and made a...

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