COVELLO v. COUNTY OF SUFFOLK


9 Misc.2d 72 (1957)

Anthony Covello, Plaintiff, v. County of Suffolk, Defendant.

Supreme Court, Special Term, Suffolk County.

September 24, 1957.


Attorney(s) appearing for the Case

Lloyd P. Dodge for defendant.

Lindsay R. Henry for plaintiff.


D. ORMONDE RITCHIE, J.

Defendant moves for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice on the ground that the complaint is insufficient because it fails to allege that the plaintiff served the required notice of claim upon the defendant in the manner provided by statute. The action is one for damages as the result of the alleged invasion of plaintiff's property rights. Paragraph second of the complaint alleges in substance...

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