REW v. BEILEIN

744 CA 16-00830.

151 A.D.3d 1735 (2017)

57 N.Y.S.3d 808

2017 NY Slip Op 04688

MICHAEL J. REW, Appellant, v. THOMAS A. BEILEIN, Niagara County Sheriff, et al., Respondents. (Appeal No. 2.)

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

Decided June 9, 2017.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained when he was shot by defendant Niagara County Sheriff's Deputy Cory Diez. Although the original complaint sought damages from John Doe rather than Diez, Supreme Court granted plaintiff's motion for leave to amend the notice of claim and pleadings to substitute Diez for John Doe, and this...

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