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MATTER OF CLAIR v. CITY OF UTICA

72 Misc.2d 547 (1972)

In the Matter of Richard Clair, Claimant, v. City of Utica, Respondent.

Supreme Court, Oneida County.

February 10, 1972

Attorney(s) appearing for the Case

Francis P. Valone for claimant. Anthony F. Shaheen for respondent.

WILLIAM R. ROY, J.

This is a motion commenced by Richard Clair, seeking an order pursuant to subdivision 5 of section 50-e of the General Municipal Law, granting him leave to serve a proposed notice of claim after the expiration of the statutory period set forth in subdivision 1 of section 50-e. Subdivision 1, in substance, states that a notice of claim is required as a condition precedent to the commencement of an action against a public corporation...

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