FULLAM v. WESTCHESTER COUNTY PLAYLAND COMM'N


276 A.D. 925 (1950)

N. Matthew Fullam, Appellant, v. Westchester County Playland Commission, Respondent

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

January 30, 1950.


Appellant's contentions that the statutory provisions, requiring such notice as a condition precedent to the commencement of an action, are unconstitutional, since the accident complained of resulted from the conduct by respondent of proprietary, or commercial, and not of a governmental activity, may not be sustained. Such provisions, as applied to a public benefit corporation, are neither arbitrary nor discriminatory, insofar as appellant is concerned, nor do they deprive...

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