[Download] "Frank Fahey Et Al. v. County Ontario Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: Frank Fahey Et Al. v. County Ontario Et Al.
• Author : Supreme Court of New York
• Release Date : January 21, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

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[55 A.D.2d 1034 Page 1034] Order affirmed, with costs, on the opinion at Special Term, Livingston, J., and the following memorandum: We add that defendant proffered no explanation for his delay in raising this defense and the date of plaintiffs' original notice of claim indicates that approximately 27 months earlier defendant was or should have been aware of the accrual date of the causes of action. Under these circumstances, we find no abuse of discretion in the denial of the motion for leave to amend the answer. (Gleeson v Fairmont Manor Co., 38 A.D.2d 802.) All concur, except Marsh, P.J., and Witmer, J., who dissent and vote to reverse the order and grant the motion, in the following memorandum: Plaintiff Frank Fahey was incarcerated in Ontario County jail by the defendant, the Sheriff of the County of Ontario, on August 31, 1973 and was released therefrom eight days later on September 7, 1973. He claims that through negligence of the Sheriff he was not given necessary medical treatment while in jail and that he and his wife have suffered damages by reason thereof; and they instituted this action against the Sheriff and others. The summons was served on November 25, 1974 but the complaint was not served until July 28, 1975. The answer was served along with a demand for bill of particulars on September 9, 1975. On January 13, 1976 plaintiffs served their bill of particulars. Two weeks thereafter defendant [55 A.D.2d 1034 Page 1035]

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