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

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 13, 1972

StatusPublished

Cited by5 cases

This text of 75 Misc. 2d 489 (Zipser v. Pound) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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