VILLAR v. HOWARD

21 CA 13-00979

126 A.D.3d 1297 (2015)

6 N.Y.S.3d 811

2015 NY Slip Op 02232

ADAM VILLAR, Appellant, v. TIMOTHY B. HOWARD, Erie County Sheriff, Respondent. (Appeal No. 1.).

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

Decided March 20, 2015.


Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered April 3, 2013. The order granted the motion of defendant to dismiss 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 complaint except to the extent that it alleges that defendant is vicariously liable for the negligence of...

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