Phillips v. Village of Waterford

Appeal from an order of the Supreme Court at Special Term, entered November 16, 1971 in Saratoga County, which dismissed the complaint and from a judgment entered thereon. The plaintiff’s husband disappeared on *746September 15, 1963. On July 13, 1968 facts were learned which established that he probably had died on the date of his disappearance in 1963. Accordingly, the plaintiff on August 15, 1968 filed a notice of claim; was thereafter granted letters of administration on July 15, 1969 and then commenced this action on August 4, 1969. The primary issue before Special Term and again upon this…