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KAWAR v. MARTIN

25 Misc.2d 3 (1959)

Rafek Kawar, Plaintiff, v. Earl S. Martin et al., Defendants.

Supreme Court, Special Term, Onondaga County.

September 4, 1959.

Attorney(s) appearing for the Case

Julian W. Edgecomb, County Attorney (Eli Gingold of counsel), for Fred H. Sommers and another, defendants. Adcook, Engel & Mellor (Charles J. Engel, Jr., of counsel), for plaintiff.

HENRY A. HUDSON, J.

The defendant, Fred H. Sommers, a Deputy Sheriff of Onondaga County and the defendant, Albert E. Stone, individually and as Sheriff of the County of Onondaga, have moved for an order dismissing the complaint herein as against them upon the ground that it appears upon the face thereof that such complaint does not state facts sufficient to constitute a cause of action.

It is urged by each of the defendants that the complaint...

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