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SCHNITZER v. COUNTY OF ERIE

8 Misc.2d 989 (1957)

Jacob F. Schnitzer, Individually and as Guardian ad Litem for Paul Schnitzer, an Infant, Plaintiff, v. County of Erie et al., Defendants.

Supreme Court, Special Term, Erie County.

November 26, 1957.

Attorney(s) appearing for the Case

Gleason, Fitzpatrick, O'Connor & O'Brien for County of Erie, defendant.

Jaeckle, Fleischmann, Kelly, Swart & Augspurger for Robert A. Glasser, as Sheriff, defendant.

Pelowski, Janik & Olszewski for plaintiff.

HAMILTON WARD, J.

Both defendants move for judgment dismissing the complaint as to each upon the ground that the complaint does not state facts sufficient to constitute a cause of action. Without discussion, the motion of the County of Erie is granted because section 5 of article IX of the Constitution of the State of New York which provides in part: "But the county shall never be made responsible for the acts of the sheriff."

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