Borntrager v. County of Delaware

Appeal (1) from orders of the Supreme Court at Special Term, entered September 28, 1979 in Delaware County, which granted defendants’ motion to dismiss the complaint for failure of plaintiffs to allege proper service of the notice of claim, and (2) from the judgments entered *970thereon. This action arises out of repairs to a highway and the straightening of a stream, both of which cross through plaintiffs’ property which consists of approximately 167 acres. The highway had been damaged by a severe rain storm, and while repairing the highway, defendants entered plaintiffs’ property and changed…