MALLOY v. TOWN OF NISKAYUNA


64 Misc.2d 676 (1970)

Katherine Malloy et al., Plaintiffs, v. Town of Niskayuna, Defendant.

Supreme Court, Schenectady County.

November 12, 1970


Attorney(s) appearing for the Case

Mullarkey, Horigan & Harrigan for defendant. Gerald T. Hennessy for plaintiffs.


JOHN J. O'BRIEN, J.

Defendant moves to dismiss the complaint on the ground that it was not served within the time period specified by section 50-i of the General Municipal Law and on the further ground that compliance with the statute is not pleaded in the complaint. Plaintiff seeks permission to serve an amended complaint containing the proper allegations of statutory compliance.

A notice of claim was...

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