County of Lewis v. Town of Diana

The defendant has moved for summary judgment pursuant to rule 113 of the Rules of Civil Practice.

*377The action is one in negligence for damages to a bridge owned by the plaintiff. It.is alleged in the complaint that the bridge was so badly damaged through the negligence of an employee of the defendant in the operation of a snowplow, it had to be removed and replaced at a cost of $15,000.

In addition to general denials, the answer sets up two separate affirmative defenses. The first is that the plaintiff did not serve a notice of claim as required by section 67 of the Town Law or section 50-e of…