Antonelli v. City of Mount Vernon

The municipal defendant and the individual defendant move to dismiss the cross complaint of the corporate defendant for legal insufficiency in that the cross complaint does not contain an allegation that a written notice of the corporate defendant’s claim was served upon the municipal defendant in compliance with section 50-e of the G-eneral Municipal Law.

The cross complaint (served under Civ. Prac. Act, § 264) seeks to establish the right to indemnification against the municipal defendant to recompense it for whatever damages the corporate defendant may be obliged to pay to the plaintiff.…