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SHANE v. COUNTY OF ALBANY

44 Misc.2d 100 (1964)

Michael Shane, Plaintiff, v. County of Albany, Defendant.

Supreme Court, Special Term, Albany County.

September 30, 1964

Attorney(s) appearing for the Case

Robert L. Harder for plaintiff. Dugan, Casey, Burke & Lyons for defendant.

DE FOREST C. PITT, J.

This is a motion by defendant, the County of Albany, to dismiss plaintiff's cause of action pursuant to CPLR 3211 (subd. [a], par. 5) upon the ground that the same may not be maintained because of the Statute of Limitations, and pursuant to CPLR 3211 (subd. [a], par. 7) upon the ground that the pleading fails to state a cause of action.

Plaintiff sustained injuries by reason of an assault committed upon his person by a fellow...

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