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DAVIS v. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES

1239 CA 15-00592

133 A.D.3d 1373 (2015)

20 N.Y.S.3d 816

2015 NY Slip Op 08594

VERLEY DAVIS, JR., Respondent, v. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant, et al., Defendant.

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

Decided November 20, 2015.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered June 23, 2014 in a personal injury action. The order denied the motion of defendant Erie County Department of Social Services seeking to dismiss the complaint against it.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, and the matter is remitted to Supreme Court, Erie County, for...

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