Wyman v. Zeltins

Appeal from an order of the Supreme Court (Lynch, J.), entered April 28, 1987 in Schenectady County, which denied defendant’s motion to dismiss the complaint for failure to timely file a notice of claim.

In June 1984, plaintiff, a Sergeant of the Town of Niskayuna Police Department in Schenectady County, commenced this defamation action against defendant, the town’s Superintendent of Highways. The action was based upon statements allegedly made by defendant following planitiff’s participation in the preparation of a police report of an accident which defendant was involved in while driving a…