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GROVER v. MARTONE

127 Misc.2d 40 (1985)

Jonathan Grover, II, an Infant, by His Parent and Natural Guardian, Jonathan Grover, I, et al., Plaintiffs, v. Ernest A. Martone et al., Defendants.

Supreme Court, Special Term, Chemung County.

January 25, 1985

Attorney(s) appearing for the Case

Miller, Balok & Urbanski (Allan G. Charlap of counsel), for plaintiffs. Mazza, Williamson & Clune for Ernest A. Martone and another, defendants. Davidson & O'Mara, P. C. (Stephen C. Roe of counsel), for County of Chemung, defendant.

D. BRUCE CREW, III, J.

Plaintiffs move for an order pursuant to CPLR 3211 (b) to dismiss the defendant county's affirmative defense that no notice of claim was served as required by General Municipal Law § 50-e. The county moves to dismiss the complaint on the basis of that affirmative defense. Plaintiffs assert that no notice of claim is required pursuant to General Municipal Law § 50-e (8), arguing that the infant was a ward of the Commissioner...

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