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Manny v. Board of Education of the City of Rensselaer

Supreme Court, Special Term, Albany County
Aug 9, 1957
9 Misc. 2d 452 (N.Y. Sup. Ct. 1957)

Opinion

August 9, 1957

John W. Tabner for defendants.

William R. Jubic for plaintiff.


The defendants move for an order dismissing the complaint herein upon the ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon, to wit, one year.

The accident happened on February 29, 1956. Notice of claim was served on March 7, 1956, and the summons and complaint were served on May 22, 1957.

The Charter of the City of Rensselaer (L. 1915, ch. 69, § 78) provides that no action may be brought for a period of three months after filing of such notice of claim.

It is the opinion of the court that section 24 of the Civil Practice Act is applicable.

Motion denied, without costs.

Submit order.


Summaries of

Manny v. Board of Education of the City of Rensselaer

Supreme Court, Special Term, Albany County
Aug 9, 1957
9 Misc. 2d 452 (N.Y. Sup. Ct. 1957)
Case details for

Manny v. Board of Education of the City of Rensselaer

Case Details

Full title:WILLIAM L. MANNY, Plaintiff, v. BOARD OF EDUCATION OF THE CITY OF…

Court:Supreme Court, Special Term, Albany County

Date published: Aug 9, 1957

Citations

9 Misc. 2d 452 (N.Y. Sup. Ct. 1957)
172 N.Y.S.2d 940

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