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BURROUGHS v. HOLIDAY INN

No. CIV-85-333T.

606 F.Supp. 629 (1985)

Brian J. BURROUGHS, Plaintiff, v. The HOLIDAY INN, Rochester, New York; The City of Rochester, New York; Strong Memorial Hospital; and The Rochester Psychiatric Center, Defendants.

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

April 17, 1985.

Attorney(s) appearing for the Case

Brian J. Burroughs, Rochester, N.Y., pro se.

Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for Holiday Inn; Mary Ann Rogers, of counsel.

Louis N. Kash, Corp. Counsel, Rochester, N.Y., for City of Rochester; Michael J. Looby, Deputy Corp. Counsel, of counsel.

Osborn, Considine, Reed, Van De Vate & Burke, Rochester, N.Y., for Strong Memorial Hosp.; Jeffrey M. Wilkens, of counsel.

Robert Abrams, N.Y.S. Atty. Gen., Rochester, N.Y., for Rochester Psychiatric Center; Carlos Rodriguez, Ass't. Atty. Gen., of counsel.

DECISION and ORDER

TELESCA, District Judge.

Defendant, the City of Rochester, moves to dismiss portions of plaintiff's complaint on the grounds that plaintiff failed to meet the notice of claim requirement which is a condition precedent to maintenance of an action against the City under New York General Municipal Law Sections 50-e and 50-i. Plaintiff, Brian Burroughs, argues that compliance with those requirements should not be required in a Federal civil...

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