MALDOVAN v. COUNTY OF ERIE

584 CA 19-01338.

188 A.D.3d 1597 (2020)

134 N.Y.S.3d 594

2020 NY Slip Op 06595

William D. Maldovan, Public Administrator, as Administrator of the Estate of Laura Cummings, Deceased, Respondent, v. County of Erie et al., Appellants. (Appeal No. 1.)

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

Decided November 13, 2020.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the complaints are dismissed.

Memorandum: Plaintiff commenced actions, later consolidated, against defendants, County of Erie (County) and Timothy B. Howard, Erie County Sheriff (Sheriff), seeking, inter alia, to recover damages for the pain and suffering of plaintiff's decedent, and for her wrongful death, after she was killed by her mother...

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