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Shaw v. Town of Camillus

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 902 (N.Y. App. Div. 2001)

Opinion

(1362) CA 01-00887.

November 9, 2001.

(Appeal from Order of Supreme Court, Onondaga County, Roy, J. — Dismiss Pleading.)

PRESENT: GREEN, J.P., HAYES, SCUDDER, KEHOE AND BURNS, JJ.


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. Plaintiff has asserted a valid negligence cause of action premised upon the alleged failure of the Camillus Town Court Clerk to retire an outstanding warrant against plaintiff after the underlying charge had been resolved ( see, Glowinski v. Braun, 105 A.D.2d 1153, appeal dismissed 65 N.Y.2d 637). "A public officer may be subject to liability for a wrongful act if that act is deemed ministerial rather than discretionary or quasijudicial in nature" and the Town Court Clerk's failure to retire a warrant "must be considered ministerial" ( Glowinski v. Braun, supra, at 1153).


Summaries of

Shaw v. Town of Camillus

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 902 (N.Y. App. Div. 2001)
Case details for

Shaw v. Town of Camillus

Case Details

Full title:REBECCA ANN SHAW, PLAINTIFF-RESPONDENT, v. TOWN OF CAMILLUS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 9, 2001

Citations

288 A.D.2d 902 (N.Y. App. Div. 2001)
732 N.Y.S.2d 606

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