Powell v. Town of Gates

Gabrielli, J. (dissenting).

I dissent and vote to reverse the order granting the motion permitting service of an amended notice of claim.

By notice of claim dated March 10,1970 and served on April 9, 1970 respondents charged the town" with negligence resulting from an accident which occurred on January 22, 1970, wherein it was alleged that: “the said claimant Theodore W. Powell, while a pedestrian and as a result of the negligent operation of a school bus, owned by the said Town, sustained the injuries hereinafter alleged.” (emphasis supplied). Some 20 days after receipt of the notice, the…