Legal Opinion
Renwick v. Town of Allegany
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 1963PublishedCited by 4 opinions
1Opinion of the Court
Memorandum by the Court.
The defendant-appellant’s motion to dismiss under rule 107 of the Rules of Civil Practice was properly denied. However, *878its motion to dismiss for failure to state a cause of action should" have been granted. It appears on the face of the complaint that 30 days had not elapsed between service of notice under section 50-e of the General Municipal Law and the commencement of the action (General Municipal Law, § 50-i; Thrall v. Cuban Vil., 88 App. Div. 410). The plaintiff made a cross motion to amend “and for such other further and different rlelief as to the court may…
2Cases cited3 opinions
- Triple Cities Construction Co. v. Dan-Bar Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Triple Cities Constr. Co. v. Dan-Bar Contracting Co., Inc.New York Court of Appeals · 1955
- Thrall v. Cuba VillageAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- Andersen v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1982
- Jastrzebski v. City of New YorkDistrict Court, S.D. New York · 1976
- Niemczyk v. PawlakAppellate Division of the Supreme Court of the State of New York · 1980
- Torres v. City of New YorkNew York Supreme Court · 1984