Ryan v. County of Nassau
Opinion of the Court
—In an action to recover damages for personal injuries, the defendant Incorporated Village of Port Washington North appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), entered March 29, 1999, which denied its motion to dismiss the complaint insofar as asserted against it based on the inadequacy of the plaintiffs notice of claim.
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.
The plaintiff allegedly tripped and fell on a defect in the roadway on Cow Neck Road in the Incorporated Village of Port Washington North. The timely notice of claim did not comply with the requirements of General Municipal Law § 50-e (2) because it did not correctly or sufficiently describe the location of the accident. Defects of this kind must be set forth with
Case-law data current through December 31, 2025. Source: CourtListener bulk data.