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HIMES v. COUNTY OF CHAUTAUQUA

175 A.D.2d 656 (1991)

Charles Himes, Individually and as Parent and Natural Guardian of Veronica Himes, an Infant, Respondent, v. County of Chautauqua, Appellant, and County of Erie et al., Respondents

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

July 12, 1991

Order insofar as appealed from unanimously reversed on the law without costs and County of Chautauqua's motion denied.

Memorandum:

Supreme Court should have denied defendant County of Chautauqua's motion to dismiss. Plaintiff's complaint must be liberally construed, with every allegation taken as true, to determine whether it pleads a legally cognizable claim (see, Guggenheimer v Ginzburg, 43 N.Y.2d 268, 275...

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