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MAURICE v. STODDARD

127 Misc.2d 272 (1985)

Robert Maurice, as Personal Representative of The Estate of Thomas K. Simmons, Deceased, Plaintiff, v. Harvey E. Stoddard, Jr., as Sheriff of the County of Schoharie, et al., Defendants.

Supreme Court, Schoharie County.

February 13, 1985

Attorney(s) appearing for the Case

Walter & Thayer for plaintiff. De Angelis, Kaplowitz, Rice & Murphy for Harvey E. Stoddard, Jr., and others, defendants. Carter, Conboy, Bardwell, Case & Blackmore for County of Schoharie, defendant.

CON. G. CHOLAKIS, J.

Plaintiff's intestate committed suicide on May 4, 1983 while confined in the Schoharie County Jail. This action for wrongful death and for conscious pain and suffering was commenced on June 21, 1984. Defendants Stoddard, Flanigan and Hulbert now move to dismiss plaintiff's complaint alleging that the causes of action, as to them, are time barred by CPLR 215 (1) which reads as follows:

"The following actions shall be commenced...

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