MALCURIA v. TOWN OF SENECA


66 A.D.2d 421 (1979)

Patrick Malcuria et al., Respondents, v. Town of Seneca, Defendant, and County of Ontario, Appellant

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

February 28, 1979


Attorney(s) appearing for the Case

David C. Retchless for appellant.

Bond, McDonald & Toole (Frederick M. Toole of counsel), for respondents.

SIMONS, J. P., HANCOCK, JR., WITMER and MOULE, JJ., concur.


SCHNEPP, J.

In an action for injunctive and other relief to restrain defendants from discharging water upon plaintiffs' lands, defendant County of Ontario appeals from an order denying its motion for summary judgment. The motion to dismiss the complaint was made upon the grounds (1) that plaintiffs' claim was barred by section 52 of the County Law for failure to file a notice of claim and to allege compliance...

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