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PEKAR v. WESTCHESTER COUNTY PLAYLAND COMMISSION

190 F.Supp. 430 (1961)

Joan PEKAR, Plaintiff, v. WESTCHESTER COUNTY PLAYLAND COMMISSION, Defendant.

United States District Court S. D. New York

January 19, 1961.

Attorney(s) appearing for the Case

Arthur A. March, New York City, Ralph S. Kantrowitz, Bridgeport, Conn., of counsel, for plaintiff.

John P. Smith, New York City, Joseph A. Minch, New York City, of counsel, for defendant.

WEINFELD, District Judge.

It is beyond question that the plaintiff failed to file a notice of claim with the defendant1 and in other respects did not comply with the requirements of the New York State act which created the defendant as a body politic.2

Notwithstanding, the plaintiff seeks to avoid dismissal of her complaint on the ground that the activities of the defendant upon which she rests her...

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