SMITH v. RENSSELAER CO.


52 A.D.2d 384 (1976)

Merritt A. Smith, Respondent, v. Rensselaer County et al., Appellants

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

June 10, 1976


Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (John T. Maloney of counsel), for appellants.

Gerald A. Harley for respondent.

SWEENEY and LARKIN, JJ., concur with MAHONEY, J.; KOREMAN, P. J., and KANE, J., dissent and vote to reverse in an opinion by KANE, J.


MAHONEY, J.

Employees of Rensselaer County, on two occasions, entered upon Smith's lands without his permission and consent and cut down trees. Smith timely served a notice of claim against the county for each occurrence (General Municipal Law, § 50-e) and within one year and 90 days of the second alleged trespass (General Municipal Law, § 50-i) commenced an action in the Federal District Court against...

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