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SAWYER v. TOWN OF SOUTHPORT

6 A.D.2d 553 (1958)

Melvin Sawyer, Respondent, v. Town of Southport, Respondent, and County of Chemung, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 2, 1958.

Attorney(s) appearing for the Case

James E. Personius, County Attorney, for appellant.

Ziff & Jerry (Harold A. Jerry, Jr., of counsel), for Melvin Sawyer, respondent.

Sayles & Evans (Pierre W. Evans of counsel), for Town of Southport, respondent.

FOSTER, P. J., BERGAN and GIBSON, JJ., concur; REYNOLDS, J., taking no part.

HERLIHY, J.

Briefly, the facts are as follows: The plaintiff was ordered by one Robert Loomis, who apparently served in the dual capacity of an officer of the defendant Town of Southport and also as a Deputy Sheriff of defendant County of Chemung, to assist in making an arrest. The complaint alleges that the plaintiff received injuries in the course of obeying the command of Officer Loomis as a result of which...

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