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PHILLIPS v. VILL. OF WATERFORD

48 A.D.2d 745 (1975)

Rita E. Phillips, as Administratrix of The Estate of Walter Phillips, Sr., Deceased, Appellant, v. Village of Waterford, Respondent

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

May 22, 1975

The plaintiff's husband disappeared on September 15, 1963. On July 13, 1968 facts were learned which established that he probably had died on the date of his disappearance in 1963. Accordingly, the plaintiff on August 15, 1968 filed a notice of claim; was thereafter granted letters of administration on July 15, 1969 and then commenced this action on August 4, 1969. The primary issue before Special Term and again upon this appeal...

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