Conway v. Bano Buick, Inc.
| Decision Date | 10 May 1982 |
| Citation | 88 A.D.2d 609,450 N.Y.S.2d 56 |
| Parties | Lynn H. CONWAY, et al., Respondents, v. BANO BUICK, INC., et al., Defendants; The Village of Mount Kisco, New York, Appellant. |
| Court | New York Supreme Court — Appellate Division |
J. Boyd Henson, White Plains, for appellant.
Wayne P. Stix, White Plains, for respondents.
Before GIBBONS, J. P., and WEINSTEIN, THOMPSON and RUBIN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages, inter alia, for false arrest, the appeal is from an order of the Supreme Court, Westchester County, entered April 1, 1981, which, inter alia, denied defendant Village of Mount Kisco's motion to dismiss the complaint.
Order reversed, on the law, without costs or disbursements, and motion by appellant to dismiss the complaint as to it is granted.
The traverse hearing revealed no evidence that the village mayor, clerk or trustee (see CPLR 311, subd. 6) "actually received" the notice of claim that was incorrectly served upon an administrative aide to the director of the federally funded Office of Community Development (General Municipal Law, § 50-e, subd. 3, par. ). There was, therefore, noncompliance with section 50-e of the General Municipal Law.
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Conway v. Village of Mount Kisco, N.Y.
...granted the Village of Mount Kisco's motion to dismiss for failure to serve a proper notice of claim. 8 Conway v. Bano Buick, Inc., 88 A.D.2d 609, 450 N.Y.S.2d 56 (1982). did the reverse of the check. It also states that before th......
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... ... it involves a matter of public concern ( see, Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 106 S.Ct. 1558, 89 L.Ed.2d 783), the fact that ... ...
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Schaeffer v. Village of Ossining, 1415
...(holding that service on a subordinate village employee did not satisfy Civil Procedure Rule 311(6)); Conway v. Bano Buick, Inc., 88 A.D.2d 609, 450 N.Y.S.2d 56, 57 (2d Dep't 1982) (same). Accordingly, we affirm the district court's decision to grant the Village's motion to dismiss pursuant......
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Reese v. Village of Great Neck Plaza
...upon the proper official (see, Matter of Eso v. County of Westchester, 141 A.D.2d 542, 529 N.Y.S.2d 155, see also, Conway v. Bano Buick, 88 A.D.2d 609, 450 N.Y.S.2d 56; cf., Gandolfo v. Village of Ossining, 4 A.D.2d 762, 165 N.Y.S.2d In view of the above disposition, we need not reach the r......