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GREGORY v. CITY OF NEW YORK

No. 66 Civ. 2150.

346 F.Supp. 140 (1972)

George GREGORY and Helen Gregory, Plaintiffs, v. The CITY OF NEW YORK, Defendant.

United States District Court, S. D. New York.

June 29, 1972.

Attorney(s) appearing for the Case

Scheinman & Kalter, by Michael R. Gottlieb, Woodburne, N. Y., for plaintiffs.

J. Lee Rankin, Corporation Counsel, City of New York, by William P. Murray, Antonin Tutter, Kingston, N. Y., for defendant.

MEMORANDUM

BRIEANT, District Judge.

This is a diversity case. Defendant has moved under F.R.C.P. 12(b) (1), (2), and (6), to dismiss the action on the ground that no "Notice of Claim" was served or filed with defendant City of New York, as required by §§ 50-i and 50-e of the General Municipal Law of the State of New York, McKinney's Consol. Laws c. 24.

Plaintiffs, citizens of New Jersey, allege ownership of riparian land in Pennsylvania...

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