Fox v. Village of Fleischmanns

The infant’s cause of action asserted both under the theory of negligence and of nuisance is for personal injuries suffered *455on a public skating rink maintained by the defendant village. William A. Fox, individually, joins as a party plaintiff, and asserts a cause of action for the medical expenses incurred in treating the infant and for the loss of his services. The answer, among other defenses, alleges that the individual plaintiff failed to file the notice required by section 341 of the Village Law within thirty days after the alleged, cause of action arosé. This motion is for a severance…