ABBATEMARCO v. TOWN OF BROOKHAVEN


26 A.D.2d 664 (1966)

Elaine Abbatemarco, an Infant, by Her Guardian ad Litem, Vincent Abbatemarco, Appellant, v. Town of Brookhaven, Respondent

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

July 5, 1966


Order and judgment reversed, without costs, and motion denied. The time to answer is extended until 20 days after entry of the order hereon. In this action against a municipal corporation, a notice of claim was timely filed on behalf of the infant, who sustained injuries because of an accident on August 2, 1957. An action commenced in May 1958 was dismissed on September 9, 1959 for failure to prosecute. On September 20, 1962 the infant plaintiff instituted a second action...

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