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KIRCHHOFF v. COUNTY OF ERIE

18 N.Y.2d 849 (1966)

Leon Kirchhoff, Jr., as Administrator of The Estate of Leon Kirchhoff, III, Deceased, Appellant, v. County of Erie, Respondent, et al., Defendants. (Action No. 1.) Anthony R. Benbynek, Appellant, v. County of Erie, Respondent, et al., Defendants. (Action No. 2.) Edmund Paliwodzinski, as Administrator of The Estate of Rose M. Paliwodzinski, Deceased, Appellant, v. County of Erie, Respondent, et al., Defendants. (Action No. 3.) Anthony S. Benbynek, as Administrator of The Estate of Diane Benbynek, Deceased, Appellant, v. County of Erie, Respondent, et al., Defendants. (Action No. 4.) Anthony S. Benbynek, as Administrator of The Estate of Elaine Benbynek, Deceased, Appellant, v. County of Erie, Respondent, et al., Defendants. (Action No. 5.) Anthony S. Benbynek, as Administrator of The Estate of Florence Benbynek, Deceased, Appellant, v. County of Erie, Respondent, et al., Defendants. (Action No. 6.) Doris M. Sawyer, Individually and as Administratrix of The Estate of C. Brian Sperduti, Deceased, Appellant, v. County of Erie, Respondent, et al., Defendant. (Action No. 7.)

Court of Appeals of the State of New York.

Decided October 27, 1966.

Attorney(s) appearing for the Case

William J. Flynn, Jr., Alfred M. Zisser and Berenice S. Alpern for appellants.

John F. Rafferty and John M. Freyer for respondent.

Concur: Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING. Dissent: Chief Judge DESMOND.

In each action: Order affirmed, without costs; no opinion.

Chief Judge DESMOND dissents and votes to reverse and to remit the case to the Appellate Division for determination of the questions of fact raised on this record as to the causative effect of the county's negligence in failing to keep the center...

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