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ROCHESTER POSTER ADVER. CO., INC. v. CITY OF ROCHESTER

38 A.D.2d 679 (1971)

Rochester Poster Advertising Co., Inc., Respondent, v. City of Rochester, Appellant

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

December 9, 1971

Order unanimously reversed, without costs, motion granted and complaint dismissed, without costs.

Memorandum:

Defendant appeals from a Special Term order which denied its motion to dismiss plaintiff's complaint because of plaintiff's failure to allege that it had filed a notice of claim as required by section 50-e of the General Municipal Law in all cases founded upon tort. In our opinion plaintiff's action is founded upon tort and failure to comply with section...

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