COCHRANE v. TOWN OF GATES


18 A.D.2d 1048 (1963)

Joyce Cochrane, an Infant, by Ralph Cochrane, Her Guardian ad Litem, Appellant, v. Town of Gates, Respondent

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

March 5, 1963


Judgment and order of Monroe Special Term unanimously reversed on the law and facts, with costs, motion to vacate the judgment of default denied, and judgment in favor of plaintiff reinstated, with costs. Appeal from order of Livingston Special Term dismissed as academic.

Memorandum:

We do not agree with Special Term's holding that because plaintiff's complaint failed to allege compliance with section 50-i of the General Municipal Law, the default judgment...

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