Mills v. County of Monroe

Order unanimously reversed, without costs, motion granted and complaint dismissed. Memorandum: Plaintiff commenced an action for money damages alleging her wrongful discharge from employment by defendant in violation of section 296 of the Executive Law (racial discrimination). Claiming that plaintiff’s cause of action sounded in tort, defendant moved for summary judgment on the ground (among others) of failure to file a notice of claim pursuant to section 50-e of the General Municipal Law. Special Term denied the motion. While section 50-e of the General Municipal Law provides the procedural…