New York Supreme Court January 8, 1982 (Andrews v. County of Otsego)

OPINION OF THE COURT

John P. Balio, J.

This is an application by the defendants, Thomas and Winifred Talbot, to dismiss the complaint for failure to state a cause of action (CPLR 3211, subd [a], par 7). The *38defendant County of Otsego had joined in the application and has also requested dismissal of the claim asserted against the county.

The underlying facts are not at issue.