Martin v. Town of Esopus

In this action to recover for property damages allegedly resulting from negligence on the part of defendants, a motion is made to dismiss the complaint as against defendant Port Ewen Water District “ upon the ground that said complaint fails to state a cause of action.” The complaint alleges: “ That notices of the plaintiff’s claim and his intention to sue, and of the time when and the place where the damages alleged herein were incurred and sustained, were duly served by the plaintiff upon the defendants on or about the 26th day of May, 1967 ”; but the gist of movant’s contention, as stated…