Guererri v. Gelder

Appellate Division of the Supreme Court of New York

Guererri v. Gelder

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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 22, 1974

StatusPublished

This text of 43 A.D.2d 1011 (Guererri v. Gelder) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Guererri v. Gelder, 43 A.D.2d 1011, 352 N.Y.S.2d 1022, 1974 N.Y. App. Div. LEXIS 5654 (N.Y. Ct. App. 1974).

Pincite

Opinion

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

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

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Bluebook (online)

43 A.D.2d 1011, 352 N.Y.S.2d 1022, 1974 N.Y. App. Div. LEXIS 5654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guererri-v-gelder-nyappdiv-1974.