DI MAGGIO v. DEMATTEIS & SON


9 Misc.2d 1025 (1957)

Mary Di Maggio, as Administratrix, Plaintiff, v. Leon D. Dematteis & Son, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 30, 1957.


Attorney(s) appearing for the Case

Rothbard, McAuley & Schulman for plaintiff.

G. Burchard Smith, County Attorney, for County of Nassau, defendant.


MARIO PITTONI, J.

The defendant, County of Nassau, moves to dismiss the complaint, on the ground that the notice of claim required by law was not served upon the officials designated by law within the required time.

The plaintiff's intestate was injured on July 23, 1956. A notice of claim was served October 22, 1956, by registered mail upon the "Chairman, Board of Supervisors, County of Nassau, Franklin...

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