Legal Opinion
Malloy v. Town of Niskayuna
New York Supreme Court
Decided November 12, 1970PublishedCited by 5 opinions
1Opinion of the CourtJohn J. O’Brien, J.
Defendant moves to dismiss the complaint on the ground that it was not served within the time period specified by section 50-i of the General Municipal Law and on the further ground that compliance with the statute is not pleaded in the complaint. Plaintiff seeks permission to serve an amended complaint containing the proper allegations of statutory compliance.
A notice of claim was served on the defendant town on September 12, 1966. The summons and complaint were served on December 11, 1967. The complaint contains three causes of action all of which stem from the alleged acts of defendant in…
2Cases cited7 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Sammons v. . City of GloversvilleNew York Court of Appeals · 1903
- Meruk v. . City of New YorkNew York Court of Appeals · 1918
- Schenker v. Village of LibertyAppellate Division of the Supreme Court of the State of New York · 1941
- Schenker v. Village of LibertyNew York Court of Appeals · 1943
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3Cited by5 opinions
- Watts v. Town of GardinerAppellate Division of the Supreme Court of the State of New York · 1982
- Stanton v. Town of SoutholdAppellate Division of the Supreme Court of the State of New York · 1999
- Mazo v. Town of ShawangunkAppellate Division of the Supreme Court of the State of New York · 1977
- Kyle v. Village of CatskillNew York Supreme Court · 1975
- Shartrand v. Town of GlenvilleNew York Supreme Court · 1983