Passini v. Town of Winchester

The majority concludes that the operative complaint to be considered in this appeal is the amended complaint dated October 23, 1995, and further concludes that the trial court improperly rendered summary judgment in favor of the defendant. Accordingly, it reverses the judgment of the trial court and remands the case for further proceedings. I believe that the result reached by the majority is incorrect, and, thus, I dissent.

The majority, in reaching its decision, relies on its determination that the operative complaint to be considered on appeal is the amended complaint dated October 23,…