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RENWICK v. TOWN OF ALLEGANY

18 A.D.2d 877 (1963)

Thomas L. Renwick, Individually and as Administrator of The Estate of Ronald L. Renwick, Deceased, Respondent-Appellant, v. Town of Allegany, Appellant-Respondent, et al., Defendant

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

January 17, 1963

MEMORANDUM BY THE COURT.

The defendant-appellant's motion to dismiss under rule 107 of the Rules of Civil Practice was properly denied. However, its motion to dismiss for failure to state a cause of action should have been granted. It appears on the face of the complaint that 30 days had not elapsed between service of notice under section 50-e of the General Municipal Law and the commencement of the action (General Municipal...

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