Shea v. Inc. Village of Head of the Harbor

Balletta, J.,

dissents and votes to affirm the order and judgment insofar as appealed from, with the following memorandum, in which Lawrence, J., concurs: I respectfully disagree with the majority herein and vote to affirm the order and judgment granting the motion by the defendant Incorporated Village of Head of the Harbor to dismiss the complaint due to a defective notice of claim under General Municipal Law § 50-e (2).

General Municipal Law § 50-e (2) provides, inter alia, that a notice of claim shall set forth: "(1) the name and post-office address of each claimant, and of his attorney, if…