ERICKSON v. TOWN OF HENDERSON


30 A.D.2d 282 (1968)

Allen L. Erickson, as Administrator of The Estate of David Erickson, Deceased, et al., Respondents, v. Town of Henderson, Appellant; County of Jefferson et al., Respondents

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

June 27, 1968.


Attorney(s) appearing for the Case

Kinkley & Burns (Luke A. Burns, Jr., of counsel), for appellant.

Scanlon, Wilmott, Aylward & Wisner (John V. Aylward of counsel), for YMCA, respondent.

Dunk, Conboy, McKay & Bachman (Carl O. Bachman of counsel), for Adams Electric and Gas Corp., respondent.

DEL VECCHIO, MARSH, WITMER and HENRY, JJ., concur.


BASTOW, P. J.

The issue presented is whether or not this wrongful death action was timely commenced as mandated by the applicable statutes. (Town Law, § 67; General Municipal Law, § 50-i). The intestate of plaintiff administrator, it is alleged, met his death on July 23, 1964 by the concurring acts of negligence of appellant town and the other named corporate defendants, which are not parties to this...

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