← Cases

Guererri v. Gelder

43 A.D.2d 1011 Court N.Y. App. Div. Decision date 1974-02-22 English

Contents

Majority

p. 1011
Philip R. Guererri et al., Respondents, v. Dale F. Gelder et al., Respondents, and Ray Morrow, Appellant. (And Three Other Actions.)

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

p. 1012
damages for personal injuries.) Present — Marsh, P. J., Witmer, Moule, Cardamone and Goldman, JJ.