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KEESLER v. CITY OF PEEKSKILL

1 Misc.2d 744 (1955)

Raymond Keesler et al., Plaintiffs, v. City of Peekskill, Defendant and Third-Party Plaintiff. County of Westchester, Third-Party Defendant.

County Court, Westchester County.

December 21, 1955.

Attorney(s) appearing for the Case

Harry G. Herman, County Attorney, for third-party defendant.

Charles Sterling for defendant and third-party plaintiff.

GEORGE A. BRENNER, J.

Third-party defendant County of Westchester, moves to dismiss the third-party complaint of the City of Peekskill for legal insufficiency in not alleging a notice of claim made upon the county, a condition precedent to the maintenance of the action. (County Law, § 52; General Municipal Law, § 50-e.)

The primary action is for negligence in leaving partially open or uncovered...

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