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Ottmann v. Inc. Village of Rockville Centre

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1934
241 App. Div. 843 (N.Y. App. Div. 1934)

Opinion

April, 1934.


Order modified so as to provide that the sixth separate and complete defense of the amended answer of defendant The Incorporated Village of Rockville Centre be struck out, and as so modified affirmed, with ten dollars costs and disbursements to plaintiff. In our opinion, section 205 Gen. Mun. of the General Municipal Law is not an exclusive remedy, and plaintiff has a right to maintain this action on the theory of negligence in the operation of the fire truck, under the provisions of section 282-g High. of the Highway Law. The seventh separate and complete defense was, in our opinion, properly struck from the amended answer, because the filing by plaintiff of her claim against the village, under section 205 Gen. Mun. of the General Municipal Law, is not to be regarded as an election of remedies. Lazansky, P.J., Kapper, Carswell, Scudder and Tompkins, JJ., concur.


Summaries of

Ottmann v. Inc. Village of Rockville Centre

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1934
241 App. Div. 843 (N.Y. App. Div. 1934)
Case details for

Ottmann v. Inc. Village of Rockville Centre

Case Details

Full title:AUGUSTA C. OTTMANN, as Administratrix, etc., of MILFORD H. OTTMANN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1934

Citations

241 App. Div. 843 (N.Y. App. Div. 1934)