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KELLEY v. NIAGARA COUNTY HEALTH DEPARTMENT

283 A.D.2d 1014 (2001)

723 N.Y.S.2d 808

KENNETH KELLEY, Individually and as Parent and Natural Guardian of KAITLIN KELLEY, an Infant, Respondent, v. NIAGARA COUNTY HEALTH DEPARTMENT et al., Defendants, and PETER E. ZIEGLER et al., Appellants.

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

Decided May 2, 2001.

Order insofar as appealed from unanimously reversed on the law with costs, motion granted and complaint against defendants Peter E. Ziegler and Cornell University dismissed.

Memorandum:

Supreme Court erred in denying the motion of Cornell University and its employee, Peter E. Ziegler (defendants), seeking dismissal of the complaint against them for failure to state a cause of action (see, CPLR 3211 [a] [7]). On June 24, 1999, defendants were operating...

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