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PERRY v. CUSTODI

52 A.D.2d 1063 (1976)

Marion Perry, an Infant, by His Mother, Alonzetta Perry, et al., Appellants, v. Dale Custodi et al., Defendants, and County of Erie, Respondent

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

May 28, 1976

Judgment unanimously affirmed, with costs.

Memorandum:

Appellants seek to recover damages for the alleged tortious conduct of defendant Custodi while in the performance of his duties as an Erie County Deputy Sheriff. A motion by defendant County of Erie to dismiss the complaint, based on article XIII (§ 13, subd [a]) of the New York Constitution, was granted. It is appellant's contention that the enactment of Local Law No. 2 (1969) by the Erie County...

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