Fichtner v. Town of Babylon

The defendant town moves, pursuant to subdivision 4 of rule 106 of the Buies of Civil Practice, to dismiss the complaint for failure to state a cause of action.

The infant plaintiff claims to have sustained personal injuries when she fell September 24, 1958 on a sidewalk in the Village of Amityville, Town of Babylon.

The motion by the defendant town attacks the complaint for not alleging: (1) service of a notice of claim, (2) prior written notice of the defect, and (3) commencement of the action within one year and 90 days.

The complaint is defective for failing to allege service of a notice of…