Barry v. Niagara Frontier Transit System, Inc.

The third-party defendant moves for an order dismissing the third-party complaint pursuant to CPLB 3211 (subd. [a], par. 7) upon the grounds that the complaint fails to state a cause of action. Plaintiffs in this action commenced an action against the defendant Niagara Frontier Transit System (NFT) and the Village of Kenmore. The Village of Kenmore action was dismissed upon motion for summary judgment based upon the prohibition set forth in section 341-a of the Village Law and Local Law No. 1 of 1955 of the Village of Kenmore which requires a prior notice of defect.

The third-party defendant…