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Tesciuba v. Koch

Appellate Division of the Supreme Court of New York, First Department
May 11, 1995
215 A.D.2d 222 (N.Y. App. Div. 1995)

Opinion

May 11, 1995

Appeal from the Supreme Court, New York County (Walter Tolub, J.).


As defendant's prior CPLR 3211 (a) motion was expressly denied "without prejudice", there was no bar to this subsequent motion. Given that plaintiff's allegations against defendants concern alleged tortious actions by defendants only in their official capacities as municipal employees, and since said actions were clearly based on discretionary judgments, plaintiff was obligated to comply with the notice of claim requirements of General Municipal Law §§ 50-e Gen. Mun., 50-i Gen. Mun., and 50-k (1) (b), which he failed to do. Moreover, as defendants were acting in their official capacity, they are not liable for any injurious consequences of their official, discretionary action (see, Tango v Tulevech, 61 N.Y.2d 34, 40-41).

We have considered all other claims raised by plaintiff and find them meritless.

Concur — Ross, J.P., Nardelli, Williams, Tom and Mazzarelli, JJ.


Summaries of

Tesciuba v. Koch

Appellate Division of the Supreme Court of New York, First Department
May 11, 1995
215 A.D.2d 222 (N.Y. App. Div. 1995)
Case details for

Tesciuba v. Koch

Case Details

Full title:QUINTINO TESCIUBA, Appellant, v. EDWARD I. KOCH, Individually and as Mayor…

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

Date published: May 11, 1995

Citations

215 A.D.2d 222 (N.Y. App. Div. 1995)
626 N.Y.S.2d 164

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