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FOYSTER v. TUTUSKA

25 A.D.2d 940 (1966)

Anna Foyster et al., Respondents, v. John Tutuska, as Sheriff of The County of Erie, et al., Appellants, et al., Defendants

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

May 19, 1966

Memorandum:

The injuries claimed to have been sustained by plaintiff wife, while serving as a juror in a criminal case, might be found by the triers of the fact to have been caused by defendant Gelia, while serving as a Deputy of the codefendant Tutuska, the Sheriff of Erie County. We have no difficulty in concluding that the Deputy (Gelia) is not immune from suit. (Cf. Isereau v. Stone, 3 A.D.2d 243.) In the same decision...

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