STATE OF N. Y. v. WAVERLY SCH. DIST.


53 Misc.2d 843 (1966)

State of New York, Plaintiff, v. Waverly Central School District et al., Defendants.

County Court, Tioga County.

August 23, 1966


Attorney(s) appearing for the Case

Hinman, Howard & Kattell for defendants. Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman of counsel), for plaintiff.


GEORGE BOLDMAN, J.

This is a motion by the defendants Waverly Central School District and Rev. Vincent Cooper, made pursuant to CPLR 3211 (subd. [a], par. 5), for an order and judgment dismissing the complaint upon the ground that the action may not be maintained because of the failure of the plaintiff, State of New York, to present, serve, or file a notice of claim upon the defendants as required by section 50-e of the General Municipal Law of the State...

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