AVERY v. COUNTY OF BROOME


23 A.D.2d 515 (1965)

Peter Avery, Respondent, v. County of Broome, Appellant

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

January 12, 1965


Per Curiam.

The separate defense founded on the provision of the State Constitution (art. IX, § 5) which renders a county immune from liability for the acts of a Sheriff and his deputies committed in the course of their official duties does not bar this action, grounded, as it is, on the supposed negligent acts and omissions of other county agents and employees.

Order affirmed...

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