DILL v. COUNTY OF WESTCHESTER


5 Misc.2d 869 (1957)

Anton Dill, Plaintiff, v. County of Westchester et al., Defendants.

Supreme Court, Special Term, Westchester County.

March 4, 1957.


Attorney(s) appearing for the Case

Glatzer, Glatzer & Diamond for Doctor Rockwell and another, defendants.

Harry G. Herman, County Attorney, for County of Westchester and another, defendants.

Edward E. Bianco for plaintiff.


ELBERT T. GALLAGHER, J.

Defendants move under rule 112 of the Rules of Civil Practice to dismiss the complaint on the ground that it fails to state a cause of action. Plaintiff moves to amend his complaint by adding an allegation that Justice DOSCHER'S order of March 28, 1956 duly and formally declared plaintiff sane and discharged and released him from custody.

The undisputed facts are that plaintiff...

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