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WHITE v. COUNTY OF ERIE

309 A.D.2d 1299 (2003)

765 N.Y.S.2d 408

ERLENE WHITE, Individually and as Administratrix of the Estate of LARRY WHITE, Deceased, Respondent, v. COUNTY OF ERIE, Appellant, and DIETRICH V. JEHLE, M.D., Respondent. (Appeal No. 2.)

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

Decided October 9, 2003.

It is hereby ordered that the resettled order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiff's motion for leave to discontinue the action against defendant Dietrich V. Jehle, M.D., denying the cross motion of defendant Dietrich V. Jehle, M.D., vacating the declaration and reinstating the cross claim of defendant County of Erie against defendant Dietrich V. Jehle, M.D. and as modified...

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