MAHONEY v. TOWN OF OYSTER BAY


71 A.D.2d 879 (1979)

Karen Mahoney, an Infant by Her Parent and Natural Guardian, George Mahoney, et al., Appellants, v. Town of Oyster Bay, Respondent

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

August 13, 1979


Order reversed, on the law, without costs or disbursements, defendant's motion for summary judgment is denied and plaintiffs' cross motion is granted.

The letter sent by plaintiffs' attorney to the defendant, within 90 days of the accident, should be deemed a valid notice of claim. It is clear that this letter was not merely an accident report, but was also intended as a notice of claim. However, we note that there were two defects in the notice of claim. First, service...

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