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PAYNE v. VILL. OF HORSEHEADS

21 A.D.2d 715 (1964)

Raymond E. Payne, Respondent, v. Village of Horseheads et al., Respondents, and County of Chemung, Appellant

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

May 12, 1964

The defendant County of Chemung moved to dismiss the plaintiff's complaint and the plaintiff thereupon moved for an order permitting him to serve a late notice of claim on the defendant's County Attorney. The defendant's motion was denied and the plaintiff's motion was granted. The accident for which plaintiff seeks to hold the county liable occurred on December 31, 1962. The plaintiff retained his present attorneys on March 15, 1963. The County Attorney was not served with...

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