MATTER OF DONOVAN v. COUNTY OF NIAGARA


100 A.D.2d 740 (1984)

In the Matter of John J. Donovan, as Administrator of The Estate of George V. Donovan, Deceased, Respondent, v. County of Niagara, Appellant, et al., Defendant

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

March 6, 1984


Order unanimously reversed, without costs, and defendant county's motion granted.

Memorandum:

Special Term improperly denied defendant's motion to dismiss the cause of action for conscious pain and suffering and granted plaintiff's cross motion for leave to file a notice of claim nunc pro tunc. Plaintiff's decedent, while a prisoner in the custody of the county, was hospitalized on August 22, 1979. From August 22, 1979 until his death on December 25...

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