Bailey v. Village of Port Leyden

The plaintiffs have moved for an order allowing them to serve a verified, amended notice of claim in duplicate, nunc pro tunc, as of February 16, 1960 and also allowing them leave to amend the complaint in each of the above-entitled actions to duly allege service of the amended notice of claim. The defendant by cross motion has moved pursuant to rule 106 of the Buies of Civil Practice, to dismiss the complaints upon the ground that such complaints do not state facts sufficient to constitute a cause of action. The motion by the defendant to dismiss the plaintiffs’ complaint is based upon two…