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FLEDERBACH v. FAYMEN

2008-04271.

2009 NY Slip Op 06401

WENDY FLEDERBACH, ET AL., respondents, v. YVACHESLAV FAYMEN, ET AL., defendants, SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS, ET AL., appellants.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Christine Malafi, County Attorney, Hauppauge, N.Y. (Marcia J. Lynn of counsel), for appellants.

Tinari, O'Connell, Osborn & Kaufman, LLP, Central Islip, N.Y. (Frank A. Tinari of counsel), for respondents.

Before: Mark C. Dillon, J.P., Anita R. Florio, Ruth C. Balkin, Leonard B. Austin, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion of the defendants Suffolk County Department of Public Works, Suffolk County Police Department, and County of Suffolk for summary judgment dismissing the complaint insofar as asserted against them is granted.

The plaintiffs seek to recover damages from, among others, the defendants Suffolk County Department of Public Works, Suffolk County Police Department, and...

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