DOBBINS v. COUNTY OF ERIE


65 A.D.2d 934 (1978)

John A. Dobbins, Individually and as Father and Natural Guardian of Patrick Dobbins, an Infant, et al., Respondents, v. County of Erie, Appellant, et al., Defendant

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

November 3, 1978


Order unanimously reversed, without costs, motion granted and action dismissed.

Memorandum:

This long-delayed action was instituted by service of a bare summons on July 30, 1969, based upon medical malpractice alleged to have occurred during the infant plaintiff's earlier hospitalization in a facility owned by the defendant County of Erie. A notice of appearance was duly served by the county in August, 1969, at which time plaintiffs and the county were represented...

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