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SHAW v. TOWN OF CAMILLUS

288 A.D.2d 902 (2001)

732 N.Y.S.2d 606

REBECCA A. SHAW, Respondent, v. TOWN OF CAMILLUS, Appellant.

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

Decided November 9, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. Plaintiff has asserted a valid negligence cause of action premised upon the alleged failure of the Camillus Town Court Clerk to retire an outstanding warrant against plaintiff after the underlying charge had been resolved...

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