Haywood v. Drown , 13 N.Y.3d 760 ( 2009 )


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  • OPINION OF THE COURT

    Upon reargument, following remand by the Supreme Court of the United States, order in Haywood v Drown reversed, with costs, motion to dismiss denied and case remitted to Supreme Court, Wyoming County, for further proceedings, and order in Haywood v Smith modified, without costs, by denying the motion to dismiss the cause of action predicated on 42 USC § 1983 and remitting to Supreme Court, Wyoming County, for further proceedings on that cause of action and, as so modified, affirmed (see Haywood v Drown, 556 US —, 129 S Ct 2108 [2009]).

    Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

Document Info

Citation Numbers: 13 N.Y.3d 760, 915 N.E.2d 1158

Filed Date: 9/8/2009

Precedential Status: Precedential

Modified Date: 1/13/2023