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METCALF v. COUNTY OF ERIE

40 CA 18-01696.

173 A.D.3d 1799 (2019)

104 N.Y.S.3d 815

2019 NY Slip Op 05265

Richard Metcalf, Sr., as Administrator of the Estate of Richard Metcalf, Jr., Deceased, Appellant, v. County of Erie et al., Respondents, et al., Defendants.

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

Decided June 28, 2019.

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

Memorandum: Plaintiff commenced this action seeking damages arising from fatal injuries sustained by plaintiff's decedent while in custody at the Erie County Holding Center. Plaintiff appeals from an order of Supreme Court that, among other things, granted the motion of defendants-respondents (defendants) seeking summary judgment dismissing plaintiff's fourth cause of action...

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