DORAN v. TN OF CHEEKTOWAGA


54 A.D.2d 178 (1976)

Harold Doran et al., Respondents, v. Town of Cheektowaga et al., Defendants, and County of Erie, Appellant

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

November 5, 1976


Attorney(s) appearing for the Case

James L. Magavern, County Attorney (William G. Hamilton, Jr., of counsel), for appellant.

Falk, Siemer, Glick, Tuppen & Maloney (Edwin H. Wolf of counsel), for respondents.

MOULE, SIMONS, GOLDMAN and WITMER, JJ., concur.


MARSH, P. J.

Defendant County of Erie appeals from an order which denied its motion to dismiss plaintiffs-respondents' complaint. The county contends that the cause of action cannot be maintained because of plaintiffs' failure to serve their notices of claim within 90 days from the date of accrual of their claim.

Plaintiffs allege in their complaint that they are owners of real property in the Town of...

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