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BERGMAN v. TOWN OF HEMPSTEAD

61 Misc.2d 149 (1969)

Shirley Bergman et al., Plaintiffs, v. Town of Hempstead, Defendant.

Supreme Court, Special Term, Nassau County.

November 3, 1969

Attorney(s) appearing for the Case

Abbott & Bushlow for plaintiffs. Schaffner & Rogan for defendant.

JOSEPH LIFF, J.

Motion for a protective order (CPLR 3103) and for an order dismissing affirmative defenses (CPLR 3211, subd. [b]) is denied.

The accident in which one of the plaintiffs was injured occurred on February 28, 1969. Their notice of claim was served on May 9, 1969, well within the 90 days permitted (General Municipal Law, § 50-e, subd. 1). On June 24th, when more than 30 days had elapsed...

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