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Hladik v. Town of Malta

Court of Appeals of the State of New York
Dec 17, 1981
431 N.E.2d 974 (N.Y. 1981)

Opinion

Argued November 19, 1981

Decided December 17, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT C. WILLIAMS, J.

Arnold M. Gordon for appellants.

Michael M. Emminger and Francis E. Lehner for respondents.


MEMORANDUM.

The order of the Appellate Division should be modified, with costs, to the extent of denying the motion to dismiss the fifth cause of action set forth in the complaint as against defendant August Roerig, individually.

Except as indicated, we agree with the Appellate Division, and for the reasons stated in the decision of Justice ROBERT C. WILLIAMS at Supreme Court, that the complaint fails to state a cause of action against defendants. As to the fifth cause of action, however, although the individual defendant is referred to as building inspector of the Town of Malta, this appears to be a description of his official title rather than a characterization of the capacity in which he is sued. The fair intendment of the pleading is to state a cause of action (for conspiracy to defraud plaintiffs) against Roerig in his individual capacity, beyond the shelter of sovereign immunity.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order modified, with costs to appellants against respondent Roerig and to respondent Town of Malta against appellants, in accordance with the memorandum herein and, as so modified, affirmed.


Summaries of

Hladik v. Town of Malta

Court of Appeals of the State of New York
Dec 17, 1981
431 N.E.2d 974 (N.Y. 1981)
Case details for

Hladik v. Town of Malta

Case Details

Full title:CHARLES R. HLADIK et al., Appellants, v. TOWN OF MALTA et al.…

Court:Court of Appeals of the State of New York

Date published: Dec 17, 1981

Citations

431 N.E.2d 974 (N.Y. 1981)
431 N.E.2d 974
447 N.Y.S.2d 249

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