Avery v. Village of Groton

—Yesawich, Jr., J.

Appeal from an order of the Supreme Court at Special Term (Ellison, J.), entered August 20, 1985 in Tompkins County, which granted defendant’s motion to dismiss the complaint.

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.

Aft…