It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum:
Defendant appeals from an order denying its pre-answer motion seeking dismissal of the complaint on the grounds that plaintiff, County of Niagara (County), lacks the capacity to sue and that the action is time-barred. Contrary to defendant's contention, the County was authorized by a resolution of the County Legislature to commence this action through the...
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