Zipser v. Pound

Appellate Terms of the Supreme Court of New York

Zipser v. Pound

75 Misc. 2d 489, 348 N.Y.S.2d 18, 1972 N.Y. Misc. LEXIS 1819

Appellate Terms of the Supreme Court of New York·Decided June 13, 1972·Published·Cited by 5 cases

Opinion

Per Curiam.

Plaintiff sued to recover damages arising out of the alleged negligence of the defendant in the care of plaintiff’s personal property. Section 52 of the County Law, which requires that a notice of claim he filed prior to the institution of ah action in negligence, is constitutional (Matter of Brown v. Trustees, Hamptonburg School Dist., 303 N. Y. 484). Plaintiff’s failure to serve and file a notice of claim is fatal to the maintenance of this action and requires a dismissal of the complaint.

The order should be unanimously reversed, without costs, and motion to dismiss complaint granted.

Concur — Hogan, P. J., Pittoni and McCullough, JJ.

Order reversed, etc.

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Per Curiam.

Plaintiff sued to recover damages arising out of the alleged negligence of the defendant in the care of plaintiff’s personal property. Section 52 of the County Law, which requires that a notice of claim he filed prior to the institution of ah action in negligence, is constitutional (Matter of Brown v. Trustees, Hamptonburg School Dist., 303 N. Y. 484). Plaintiff’s failure to serve and file a notice of claim is fatal to the maintenance of this action and requires a dismissal of the complaint.

The order should be unanimously reversed, without costs, and motion to dismiss complaint granted.

Concur — Hogan, P. J., Pittoni and McCullough, JJ.

Order reversed, etc.

Zipser v. Pound, 75 Misc. 2d 489, 348 N.Y.S.2d 18, 1972 N.Y. Misc. LEXIS 1819 (N.Y. Ct. App. 1972).

Pincite

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Opinion

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