KALPIN v. CUNNINGHAM


60 A.D.2d 997 (1978)

Wesley R. Kalpin, Respondent, v. Doris G. Cunningham, Appellant

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

January 20, 1978


Order unanimously affirmed, without costs.

Memorandum:

Defendant, an employee of the County of Monroe, appeals from the denial of her motion to dismiss plaintiff's complaint against her in her individual capacity, which alleged negligence for having dispensed a harmful prescription drug. She argues that the dismissal of an earlier action, brought by plaintiff against her solely in her capacity as a county employee, arising from the same alleged acts of negligence...

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