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FISCHER v. CITY OF ELMIRA

75 Misc.2d 510 (1973)

George Fischer, Plaintiff, v. City of Elmira et al., Defendants.

Supreme Court, Special Term, Chemung County.

May 24, 1973

Attorney(s) appearing for the Case

Michaels & Michaels (Martin Michaels of counsel), for plaintiff. Donovan, Graner, Davidson & Burns (D. Bruce Crew, III, of counsel), for City of Elmira, defendant. James E. Personius for County of Chemung, defendant.

CHARLES B. SWARTWOOD, J.

These are motions made by the defendant City of Elmira and defendant County of Chemung to dismiss the complaint in this action pursuant to CPLR 3211 (subd. [a], par. 7) on the ground that it does not state a cause of action against these municipalities. The motions are each based on the alleged governmental immunity of these municipalities from liability for the acts alleged in the complaint...

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