DONNELLY v. McLELLAN

Civ. No. 5:91-125.

889 F.Supp. 136 (1995)

Susan T. DONNELLY, David Carroll and Alan Donnelly v. John M. McLELLAN and Washington County Public Health Service.

United States District Court, D. Vermont.

May 11, 1995.


Attorney(s) appearing for the Case

Edward W. Leckerling, III, Lisman & Lisman, Burlington, VT, for plaintiffs.

Ritchie E. Berger, Dinse, Erdmann & Clapp, Burlington, VT, for defendant John H. McLellan.

William D. Cohen, Abel, Kenlan, Schwiebert & Hall, Rutland, VT, for defendants Washington County Public Health Service, Patricia Downing, and Amy Gentore.


OPINION-ORDER

BILLINGS, Senior District Judge.

On December 12, 1994, Defendant Washington County Public Health Service ("WCPHS") motioned for summary judgment. WCPHS argues that it is entitled to judgment as a matter of law because Plaintiffs did not provide them with written notice of this suit as is required by New York's notice of claim statute. Plaintiffs oppose the Motion For Summary Judgment, contending that WCPHS is not the type of entity that...

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