MATTER OF DELOSH v. CITY OF SYRACUSE


64 A.D.2d 814 (1978)

In the Matter of Judith A. Delosh, Individually and as Administratrix of The Estate of Norris F. Delosh, Deceased, Respondent, v. City of Syracuse et al., Appellants

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

July 13, 1978


Order denying motion of county for summary judgment unanimously reversed, without costs, motion granted and complaint dismissed as to county, and otherwise order affirmed.

Memorandum:

The plaintiffs' complaint alleges negligence, malfeasance and nonfeasance, by those officials who supervised the incarceration of decedent at the Onondaga County jail. By law these custodians are members of the Sheriff's department (Correction Law, § 500-c), and the County...

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