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COZART v. TOWN OF BERNALILLO

No. 7050.

663 P.2d 713 (1983)

99 N.M. 737

Janey COZART and Walton Cozart, Plaintiffs-Appellees, v. The TOWN OF BERNALILLO, a Municipality, Defendant-Appellant.

Court of Appeals of New Mexico.

May 5, 1983.

Attorney(s) appearing for the Case

Charles R. Finley, Warner & Finley, Albuquerque, N.M., for plaintiffs-appellees.

Gordon J. McCulloch, Bradley & McCulloch, P.A., Albuquerque, N.M., for defendant-appellant.

OPINION

WALTERS, Chief Judge.

The Town of Bernalillo has brought an interlocutory appeal challenging the trial court's denial of its motion to dismiss or to grant summary judgment.

The alleged injury occurred on July 31, 1980; suit was filed on July 29, 1982. Defendant contends that the one-year limitation of NMSA 1978, § 37-1-24, applies; the trial court held that § 41-4-15 of the Tort Claims Act, NMSA 1978, §§ 41-4-1, et...

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