Sarbou v. Meloni

—Amended order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted that part of defendants’ motion for summary judgment seeking dismissal of the complaint against defendants County of Monroe and Monroe County Sheriff’s Department because the County of Monroe has not assumed liability for the acts of the Sheriff or his deputies (see, Schulik v County of Monroe, 202 AD2d 960, 961; Davis v City of Rochester [appeal No. 2], 138 AD2d 945, appeal dismissed 72 NY2d 914).

The court erred, however, in denying…