Rochester Poster Advertising Co. v. City of Rochester

Order unanimously reversed, without costs, motion granted and complaint dismissed, without costs. Memorandum: Defendant appeals from a Special Term order which denied its motion to dismiss plaintiff's complaint because of plaintiff’s failure to allege that it had filed a notice of claim as required by section 50-e of the General Municipal Law in all cases founded upon tort. In our opinion plaintiff's action is founded upon tort and failure to comply with section 50-e requires that its complaint be dismissed. Buildings on which plaintiff’s advertising signs were maintained under lease with the…