Gahagan Dredging Corp. v. County of Nassau

This motion by defendant, County of Nassau, for summary judgment, and cross motion by plaintiff to continue taking the depositions of certain named employees or agents of the defendant, are disposed of as follows:

Defendant’s motion for summary judgment is predicated on two grounds:(1) That plaintiff failed to file a notice of claim prior to instituting its action, and(2) that there are no triable issues of fact requiring a trial.

As to its first ground, defendant contends that the filing of a notice of claim must, as a matter of law, precede the commencement of plaintiff’s action and, in…