DAVIS v. COUNTY OF OSWEGO


203 Misc. 80 (1952)

Martin Davis, Plaintiff, v. County of Oswego, Defendant. Northern Dairy Cattle Corp., Plaintiff, v. County of Oswego, Defendant.

Supreme Court, Special Term, Onondaga County.

June 16, 1952.


Attorney(s) appearing for the Case

John F. Gates for defendant.

Leonard H. Amdursky for plaintiffs.


SEARL, J.

Defendant moves (Rules Civ. Prac., rule 112) for judgment on the pleadings on the ground that the complaint fails to state that plaintiffs served notice of claim in accordance with section 50-e of the General Municipal Law. The accident involves an Oswego County snowplow and a car owned by the Northern Dairy Cattle Corp. and driven by Martin Davis, its vice-president.

The sole question involved is the manner of service of the notice...

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