Wright v. County of Nassau
Opinion of the Court
— In an action, inter alia, to recover damages for negligence, defendants appeal from an order of the Supreme Court, Nassau County, dated June 5, 1980, which denied their motion to dismiss the complaint. Order affirmed, without costs or disbursements. Although there appear to be meritorious grounds for dismissal of certain causes of action pleaded in the complaint, none of the arguments advanced for doing so were raised at Special Term and under the instant circumstances it would be improper to consider them on this appeal (see Brown v Kimmel, 68 AD2d 896; Matter of Poulos v D’Elia, 66 AD2d 820; American Ind. Contr. Co. v Travelers Ind. Co., 54 AD2d 679, affd 42 NY2d 1041). Furthermore, despite the availability to at least some of the defendants of an immunity predicated upon the judgmental nature of their functions (see Rottkamp v Young, 21 AD2d 373, affd 15 NY2d 831), the defendants’ motion papers contain an admission that
Case-law data current through December 31, 2025. Source: CourtListener bulk data.