Doyle v. 800, Inc.

In an action to recover damages for the negligent reconstruction of a house and for the negligent issuance of a certificate of occupancy therefor, defendant City of Yonkers appeals from an order of the Supreme Court, Westchester County, entered January 15, 1979 which (1) denied its motion to dismiss the complaint as against it pursuant to CPLR 3211; and (2) granted plaintiffs’ application in the nature of a cross motion to deem the summons and complaint a notice of claim. Order reversed, on the law, without costs or disbursements, appellant’s motion is granted and plaintiffs’ application is…