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DRAKE v. CITY OF ROCHESTER

96 Misc.2d 86 (1978)

Darrell Drake, Plaintiff, v. City of Rochester et al., Defendants. Mary Boulet, Plaintiff, v. City of Rochester et al., Defendants.

Supreme Court, Monroe County.

June 5, 1978

Attorney(s) appearing for the Case

Loren M. Warboys for plaintiffs. Louis N. Kash, Corporation Counsel (Barry C. Watkins of counsel), for City of Rochester, defendant. Bayer, Dupee & Smith (Scott H. Smith of counsel), for County of Monroe, defendant.

ELIZABETH W. PINE, J.

Defendant County of Monroe (county) moves, in two companion cases argued together, to dismiss both actions on the grounds that (1) this court lacks subject matter jurisdiction (CPLR 3211, subd [a], par 2); (2) both actions are barred by the Statute of Limitations (CPLR 3211, subd [a], par 5); and (3) the complaints fail to state a cause of action (CPLR 3211, subd [a], par 7). Defendant county...

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