CANDELO v. TOWN OF STILLWATER


91 A.D.2d 706 (1982)

Joseph Candelo, as Parent and Natural Guardian of Edward Candelo, an Infant, Respondent, v. Town of Stillwater et al., Defendants, and City of Mechanicville, Appellant

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

December 2, 1982


The infant plaintiff was injured on May 6, 1979 while riding his bicycle along East Street in the City of Mechanicville. A notice of claim was duly served upon the city and, on July 8, 1980, the city was served with a summons and verified complaint. Six months following such service plaintiff's attorney wrote to the city's Mayor advising that a default judgment would be entered unless an appearance and answer was forthcoming. On...

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