Merchant v. Town of Halfmoon

Kane, J. P.

Appeal from that part of an order of the Supreme Court (Viscardi, J.), entered April 3, 1990 in Saratoga County, which denied plaintiffs’ motion to strike defendant’s fifth affirmative defense.

This is an action against defendant, a municipal corporation, seeking damages for personal injuries arising out of an automobile accident. The underlying issue to be resolved on this appeal is whether the original notice of claim served pursuant to the provisions of the General Municipal Law included an adequate statement of "the time when, the place where and the manner in which the claim…