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ZIPSER v. POUND

75 Misc.2d 489 (1972)

Howard A. Zipser, Respondent, v. Charles E. Pound, as Commissioner of Parks, Recreation and Conservation, County of Westchester, Appellant.

Supreme Court, Appellate Term, Second Department.

June 13, 1972

Attorney(s) appearing for the Case

John J. S. Mead, County Attorney (Arthur T. Connick of counsel), for appellant. Howard A. Zipser, respondent in person.

Concur — HOGAN, P. J., PITTONI and McCULLOUGH, JJ.

Per Curiam.

Plaintiff sued to recover damages arising out of the alleged negligence of the defendant in the care of plaintiff's personal property. Section 52 of the County Law, which requires that a notice of claim be filed prior to the institution of an action in negligence, is constitutional (Matter of Brown v. Trustees, Hamptonburg School Dist., 303 N.Y. 484). Plaintiff's...

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