Pretino v. Wolbern

In a replevin action, plaintiff appeals from an order of the Supreme Court, Nassau County (Young, J.), dated February 6, 1981, which, upon denying his motion for summary judgment, granted defendant summary judgment and dismissed the complaint. Order affirmed, with $50 costs and disbursements. The defendant, as Deputy Chief Property Clerk of Nassau County, is an officer, agent, servant or employee of the county. Since the complaint alleges an invasion of plaintiff’s property rights by reason of defendant’s wrongful acts, a notice of claim is required to have been “made and served” upon the…