[Download] "John L. Debes v. Monroe County Water Authority" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: John L. Debes v. Monroe County Water Authority
- Author : Supreme Court of New York
- Release Date : January 18, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In this action against defendant Water Authority for damages resulting from a broken water main, plaintiff failed to serve a notice of claim pursuant to section 50-e of the General Municipal Law as required by section 1109 of the Public Authorities Law. Special Term denied defendant's motion to dismiss the complaint on the ground that ""the dangerous condition was caused by servants or employees"" (of the defendant) and ""it is not necessary to plead compliance with the statute requiring prior notice"". Filing of the notice of claim is a condition precedent to the commencement of the action (Chavers v. City of Mount Vernon, 276 App. Div. 855, affd. 301 N. Y. 634) and the reason thus given by Special Term was erroneous.