Menter v. Westchester County Playland Commission

John H. Galloway, Jr., J.

This action on behalf of the infant plaintiff to recover damages for personal injuries alleged to have been sustained through the negligent operation of one of the defendant’s roller-coasters at Playland in July, 1960, was tried before this court and a jury on April 15 and 16, 1963. The jury returned a verdict in favor of plaintiff. Defendant moved to set aside the verdict and to dismiss the complaint on the ground, among others, that there was no proof of service of *5notice of claim on the defendant in the manner required by subdivision 3 of .section 50-e of the…