LUCIANO v. O'BRIEN


121 Misc.2d 631 (1983)

Maryann Luciano et al., Plaintiffs, v. Margaret I. O'Brien et al., Defendants.

Supreme Court, Special Term, Saratoga County.

November 15, 1983


Attorney(s) appearing for the Case

Carusone, Toomey & Carusone for County of Saratoga, defendant. Bond, Schoeneck & King for plaintiffs. Buchyn, O'Hare & Werner for Town of Halfmoon, defendant. Ainsworth, Sullivan, Tracy & Knauf for Margaret I. O'Brien, defendant.


THOMAS E. MERCURE, J.

Defendant Saratoga County seeks an order pursuant to CPLR 3211 (subd [a], par 7; subd [c]), granting summary judgment in favor of defendant County of Saratoga against the plaintiffs, dismissing the complaint on the ground that it fails to state a cause of action.

On March 14, 1981, plaintiff, Maryann Luciano, the wife of plaintiff, Brian Brennan, allegedly sustained serious injuries arising out of an automobile accident at...

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