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BARR v. COUNTY OF ALBANY

94 Misc.2d 236 (1978)

Gerilyn Barr et al., Plaintiffs, v. County of Albany et al., Defendants.

Supreme Court, Special Term, Albany County.

April 25, 1978

Attorney(s) appearing for the Case

Dugan, Lyons, Pentak, Brown & Tobin (Kenneth L. Golden of counsel), for County of Albany and another, defendants. DeGraff, Foy, Conway & Holt-Harris (Michael J. Cunningham of counsel), for Gerilyn Barr and others, plaintiffs. Heslin, Irwin & Nieman (Dennis F. Irwin of counsel), for Philip J. Pearson and another, plaintiffs. Powers & Ghandi (Margrethe R. Powers of counsel), for Bruce Benson and others, plaintiffs.

HAROLD J. HUGHES, J.

Defendants County of Albany and John J. McNulty, Sheriff of Albany County, have moved to dismiss the complaints upon the ground that they fail to state a cause of action and for summary judgment dismissing the complaints against them.

In the summer of 1974 the plaintiffs in this consolidated action were attending a private party at a residence in the Town of Rensselaerville. At...

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