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CITY OF BUFFALO v. MAGGIO

47 Misc.2d 971 (1965)

City of Buffalo, Plaintiff, v. Michael D. Maggio, Defendant.

Supreme Court, Special Term, Erie County.

October 19, 1965

Attorney(s) appearing for the Case

Weaver, Maghran & McCarthy (W. Donn McCarthy of counsel), for defendant. Robert E. Casey, Jr., Corporation Counsel (Louis Blatt of counsel), for plaintiff.

MATTHEW J. JASEN, J.

Pursuant to CPLR 3211 (subd. [a], par. 5), defendant moves to dismiss the two causes of action commenced by the City of Buffalo to recover moneys expended on behalf of two policemen, William P. Fitzpatrick and Batista P. Grippi, on the grounds that the actions are barred by the Statute of Limitations and general releases.

It appears that on May 11, 1961, the said policemen, while...

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