Schnitzer v. County of Erie

Both defendants move for judgment dismissing the complaint as to each upon the ground that the complaint does not state facts sufficient to constitute a cause of action. Without discussion, the motion of the County of Erie is granted because section 5 of article IX of the Constitution of the State of New York which provides in part: 1 ‘ But the county shall never be made responsible for the acts of the sheriff.”

*990The motion by the Sheriff of Erie County cannot be disposed of with such facility and requires discussion.

The action is one to recover damages for personal injuries suffered by the…