Opinion
February 14, 1995
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the order and judgment is reversed, on the law, with costs, the defendant's motion is denied, and the complaint is reinstated.
The plaintiffs commenced this action solely against Suffolk County on the theory of respondeat superior to recover damages allegedly caused by two Suffolk County Police Officers acting in the course of their employment. Contrary to the reasoning of the Supreme Court, the two officers are not necessary parties to this action (see, Cherney v. Board of Educ., 31 A.D.2d 764; Shaw v Village of Hempstead, 20 A.D.2d 663). The County's motion to dismiss the action pursuant to CPLR 3211 (a) (10) and 1001 should therefore have been denied. Thompson, J.P., Copertino, Pizzuto and Goldstein, JJ., concur.