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43 A.D.2d 1011

Guererri v. Gelder

Appellate Division of the Supreme Court of the State of New York · decided 1974-02-22

Decided 1974-02-22

¶1Order 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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