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MOSEY v. COUNTY OF ERIE

36 CA 13-00808.

117 A.D.3d 1381 (2014)

984 N.Y.S.2d 706

2014 NY Slip Op 3041

ACEA MOSEY, as Administrator of the Estate of LAURA CUMMINGS, Deceased, Appellant, v. COUNTY OF ERIE, Respondent. (Appeal No. 1.)

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

Decided May 2, 2014.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 10, 2012. The order denied the motion of plaintiff to strike defendant's answer, granted the motion of defendant to dismiss the complaint and dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying defendant's motion in part and reinstating the first, second, fifth...

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