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GORDON v. COUNTY OF ALBANY

115 Misc.2d 302 (1982)

Edward E. Gordon, Plaintiff, v. County of Albany, Defendant.

Supreme Court, Special Term, Albany County.

August 26, 1982

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (Dennis A. First of counsel), for defendant. Seymour Fox, P. C. (Edward C. Fassett, Jr., of counsel), for plaintiff.

HAROLD J. HUGHES, J.

Defendant moves for an order dismissing the complaint for failure to state a cause of action.

The complaint alleges that plaintiff was assaulted by a fellow inmate while incarcerated in a State prison. Plaintiff had testified against the other inmate and in the course of plea bargaining received an assurance from Albany County Court Judge HARRIS that he would send a letter to the Department of Correctional Services requesting...

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