Appellate Division of the Supreme Court of New York, 1974

Guererri v. Gelder

Appellate Division of the Supreme Court of New York · Decided February 22, 1974

43 A.D.2d 1011; 352 N.Y.S.2d 1022; 1974 N.Y. App. Div. LEXIS 5654

Opinion of the Court

Order unanimously affirmed, with costs. Memorandum: Reading the allegations of the complaint broadly as required by CPLR 3026, it sufficiently charges the direction and participation by the Sheriff in the alleged negligent acts to withstand the motion to dismiss as insufficient in law. (Appeal from order of Ontario Special Term denying motion to dismiss complaints in action for *1012damages for personal injuries.) Present — Marsh, P. J., Witmer, Moule, Cardamone and Goldman, JJ.

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