TORINO v. TOWN OF PLEASANT VALLEY


36 A.D.2d 963 (1971)

Albert Torino, Appellant, v. Town of Pleasant Valley, Respondent

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

May 10, 1971


Order reversed, with $10 costs and disbursements, and motion denied.

Defendant's time to answer the complaint is extended until 20 days after entry of the order hereon. The complaint seeks to recover "compensation and [consequential] damages" from defendant town for its permanent appropriation of a portion of plaintiff's land for the widening of a town highway. Such action is not founded in tort; and compliance with the notice of claim provisions of section 50-e of...

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