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RENWICK v. TOWN OF ALLEGANY

34 Misc.2d 461 (1962)

Thomas L. Renwick, Individually and as Administrator of The Estate of Ronald L. Renwick, Deceased, Plaintiff, v. Town of Allegany et al., Defendants.

Supreme Court, Cattaraugus County.

March 6, 1962

Attorney(s) appearing for the Case

Shane & McCarthy (G. Sydney Shane of counsel), for Town of Allegany, defendant. Hornburg, Diggs & Dwyer for Pennsylvania Railroad Company, defendant. Harry B. Hunter and James E. Kehoe for plaintiff.

MATTHEW J. JASEN, J.

Pursuant to rules 106 and 107 of the Rules of Civil Practice, the defendant Town of Allegany moves to dismiss the complaint against it, and the plaintiff cross-moves for an order to amend the complaint.

The town contends that the complaint herein fails to plead the allegation as required by section 50-i (subd. 1, par [b]) of the General Municipal Law, to wit., that at least

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