Teodoro v. Town of Babylon

Motion by defendant for an order dismissing the complaint herein.

The action is predicated upon the alleged negligence of the defendant, a municipal corporation. The incident giving rise to plaintiff’s cause of action occurred on June 13, 1966. A notice pursuant to section 50-e of the General Municipal Law was served upon the defendant on September 9, 1966. An examination pursuant .thereto was conducted on November 28, 1966. Such examination clearly established the validity of the service of .the notice (General Municipal Law, § 50-e, subd. 3).

*477The action was commenced on June 12, 1967 — within…