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JOHNSON v. COUNTY OF SUFFOLK

238 A.D.2d 480 (1997)

657 N.Y.S.2d 55

Sevilla C. Johnson, as Executrix of Ercell P. Price, Deceased, Appellant, v. County of Suffolk, Respondent

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

April 21, 1997

Ordered that the order is affirmed, with costs.

The plaintiff, the executrix of the decedent's estate, served a timely notice of claim against the defendant to recover damages for wrongful death. The claim was based on the murder of the decedent by a man who had been placed in the decedent's home, as a boarder, by the Suffolk County Department of Social Services. Thereafter, after the time in which to serve a notice of claim had expired, the plaintiff moved for leave...

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