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O'NEIL v. FOLEY

6 A.D.2d 739 (1958)

William J. O'Neil, Respondent, v. Daniel Foley et al., Constituting the Members, Officers, Commissioners and Trustees of The Star Lake Fire Department, et al., Defendants, and Roderick Fraser et al., Constituting the Commissioners of The Star Lake Fire District, Appellants

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

May 23, 1958

A motion addressed to this same complaint by another defendant was denied and an appeal from the order of denial decided at this term (6 A.D.2d 739). The action sounds in tort and is brought against some 53 defendants. The motion to dismiss was based upon the failure of the complaint to allege the service of a notice of claim pursuant to section 50-e of the General Municipal Law in an action against "a public corporation". Appellants urge...

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