Bueno v. City of New Rochelle

Appellate Division of the Supreme Court of New York

Bueno v. City of New Rochelle

73 A.D.2d 681, 423 N.Y.S.2d 847, 1979 N.Y. App. Div. LEXIS 14543

Appellate Division of the Supreme Court of the State of New York·Decided December 31, 1979·Published·Cited by 1 cases

Opinion

— In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County, entered October 23, 1978, which, inter alia, granted the motion of the defendant county and cross motion of the defendant city to dismiss the complaint as against both defendants. Order affirmed, without costs or disbursements. Plaintiff offered no valid excuse for her failure to comply with the notices of hearing served upon her by the defendants. Accordingly, her action was barred and the complaint was properly dismissed. (See General Municipal Law, § 50-h, subd 5; § 50-i.) Mollen, P. J., Titone, Rabin, Gulotta and Gibbons, JJ., concur.

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— In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Westchester County, entered October 23, 1978, which, inter alia, granted the motion of the defendant county and cross motion of the defendant city to dismiss the complaint as against both defendants. Order affirmed, without costs or disbursements. Plaintiff offered no valid excuse for her failure to comply with the notices of hearing served upon her by the defendants. Accordingly, her action was barred and the complaint was properly dismissed. (See General Municipal Law, § 50-h, subd 5; § 50-i.) Mollen, P. J., Titone, Rabin, Gulotta and Gibbons, JJ., concur.

Bueno v. City of New Rochelle, 73 A.D.2d 681, 423 N.Y.S.2d 847, 1979 N.Y. App. Div. LEXIS 14543 (N.Y. Ct. App. 1979).

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73 A.D.2d 681 (Bueno v. City of New Rochelle) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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