Appellate Division of the Supreme Court of New York, 1988

Davis v. City of Rochester

Davis v. City of Rochester
Appellate Division of the Supreme Court of New York · Decided March 4, 1988
138 A.D.2d 945
Davis v. City of Rochester

Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Special Term properly granted summary judgment dismissing plaintiffs complaint against defendant County of Monroe. The county is not liable for the acts of the Sheriff or his Deputies in operating the county jail (Wilson v Sponable, 81 AD2d 1, 9-12, appeal dismissed 54 NY2d 834; Local Laws, 1982, No. 1 of Monroe County § 3-a). Plaintiff has failed to demonstrate any issue of fact concerning a breach of duty by the county. (Appeal from order of Supreme Court, Monroe County, Pat-low, J. — summary judgment.) Present — Doerr, J. P., Boomer, Green, Balio and Davis, JJ.

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