NIEMCZYK v. PAWLAK


76 A.D.2d 84 (1980)

Alfred J. Niemczyk et al., Respondents, v. Henry L. Pawlak, Appellant

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

July 10, 1980


Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (David G. Brock and Jean C. Powers of counsel), for appellant.

Bennett, Di Filippo, Davison, Henfling & Alessi (Maurice L. Sykes of counsel), for respondent.

DILLON, P. J., SCHNEPP, DOERR and WITMER, JJ., concur.


CARDAMONE, J.

We are asked to interpret the time limitations contained in section 1299-p of the Public Authorities Law. That section, in general, provides that "[a]s a condition to the consent of the state to * * * suits against the authority * * * the complaint shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action is founded were presented...

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