Because defendant allegedly negligently maintained a municipal storm sewer drain, plaintiffs' home suffered water damage in December 1983 and again in February 1984. A notice of claim was served upon the municipality on February 20, 1984 and a complaint, seeking money damages, was served on May 16, 1985. Significantly, no summons accompanied the complaint; indeed, at no time has a summons been served.
After the applicable Statute...
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