Legal Opinion
Keesler v. City of Peekskill
New York County Courts
Decided December 21, 1955PublishedCited by 1 opinion
1Opinion of the CourtGeorge A. Brenner, J.
Third-party defendant County of Westchester, moves to dismiss the third-party complaint of the City of Peekskill for legal insufficiency in not alleging a notice of claim made upon the county, a condition precedent to the maintenance of the action. (County Law, § 52; General Municipal Law, § 50-e.)
The primary action is for negligence in leaving partially open or uncovered a manhole in the street. Plaintiffs’ notice of claim upon the City of Peekskill was served November 22, 1953, and their action was begun on March 31, 1954. The third-party complaint was served on the county November 18,…
2Cases cited3 opinions
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Goldberg v. County of WestchesterNew York Supreme Court · 1951
- Patterson v. City of New YorkNew York Supreme Court · 1945