ANTONELLI v. CITY OF MT. VERNON


20 Misc.2d 331 (1959)

Peter Antonelli, Plaintiff, v. City of Mount Vernon et al., Defendants.

Supreme Court, Westchester County.

June 8, 1959.


Attorney(s) appearing for the Case

Louis R. Pagano, Corporation Counsel (Mitchell W. Robbino of counsel), for City of Mount Vernon, defendant.

Krisel, Lessall & Dowling (Charles Lawrence Kramer of counsel), for Concord Factors Corporation, defendant.


ARTHUR D. BRENNAN, J.

The municipal defendant and the individual defendant move to dismiss the cross complaint of the corporate defendant for legal insufficiency in that the cross complaint does not contain an allegation that a written notice of the corporate defendant's claim was served upon the municipal defendant in compliance with section 50-e of the General Municipal Law.

The cross complaint (served under Civ. Prac. Act, § 264) seeks...

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