Renwick v. Town of Allegany
New York Supreme Court
1Opinion of the CourtMatthew J. Jaseh, J.
Pursuant to rules 106 and 107 of the Rules of Civil Practice,.the defendant Town of Allegany moves to dismiss the complaint .against, it* and the plaintiff cross-moves for an order to amend the complaint.
The town contends that the complaint herein fails to plead the allegation as required by section 50-i (subd. 1, par [b]) of the General Municipal Law, to wit., that at least 30 days have elapsed since the service of said notice of claim, and therefore it is defective on its face in that it does not state a cause of action.
It is also urged that the complaint should be dismissed for the further…
2Cases cited7 opinions
- Teresta v. City of New YorkNew York Court of Appeals · 1952
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
- Figueroa v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1951
- Thrall v. Cuba VillageAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by1 opinion
- Jastrzebski v. City of New YorkDistrict Court, S.D. New York · 1976