Desroches v. Caron

The defendant County of Suffolk makes this motion for an order vacating and setting aside the notice of claim served by the plaintiffs and dismissing the complaint herein on the ground that service of the notice of claim was not timely and that only one copy thereof instead of two copies was served upon the chairman of the board of supervisors and the county attorney of the defendant county. Failure to serve more than one copy of the notice of claim is an irregularity that may be corrected by motion (General Municipal Law, § 50-e, subd. 6). While such a motion has not been made by plaintiffs,…