Majority
p. 979Michael McSweeney, Sr., Individually and as Administrator of the Estate of Michael P. McSweeney, Jr., Deceased, Respondent, v Patrick J. Donovan, as Administrator C. T. A. of the Estate of Joseph A. Merola, Jr., Deceased, et al., Defendants, and City of Rome et al., Appellants. [671 NYS2d 385]
—Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendants City of Rome and City of Rome Police Department dismissed (see, Pekarski v Donovan, 247 AD2d 857 ). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J.— Summary Judgment.) Present — Green, J. P., Wisner, Pigott,. Jr., Balio and Fallon, JJ.
Cases cited
- Pekarski v. Donovan 247 AD2d 857 p. 979