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MATTER OF RUSH v. COUNTY OF SUFFOLK

35 A.D.3d 619 (2006)

826 N.Y.S.2d 640

In the Matter of JAMES RUSH, Appellant, v. COUNTY OF SUFFOLK et al., Respondents.

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

Decided December 12, 2006.

Ordered that the appeal from the order dated February 22, 2006 is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated November 14, 2005 is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

Timely service of a notice of claim is a condition precedent to an action founded upon tort and commenced against a municipal defendant (see General Municipal...

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