MARTIN v. TOWN OF ESOPUS


57 Misc.2d 487 (1968)

James P. Martin, Plaintiff, v. Town of Esopus et al., Defendants.

Supreme Court, Special Term, Ulster County.

August 6, 1968


Attorney(s) appearing for the Case

Saccoman, Mullany & Baron for Town of Esopus and another, defendants. Flanagan & Ortale for plaintiff.


LAWRENCE H. COOKE, J.

In this action to recover for property damages allegedly resulting from negligence on the part of defendants, a motion is made to dismiss the complaint as against defendant Port Ewen Water District "upon the ground that said complaint fails to state a cause of action." The complaint alleges: "That notices of the plaintiff's claim and his intention to sue, and of the time when and the place where the damages alleged herein were incurred...

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