Opinion
October 1, 1951.
Action by plaintiff wife for damages for personal injuries alleged to have been caused by defendant's negligence, and a companion action by her husband for medical expenses and loss of services. Defendant, after service of the summons and complaint and before answering, moved to dismiss the complaint on the ground that the notice of claim had not been served within sixty days from the occurrence of the accident, as then required by section 50-e Gen. Mun. of the General Municipal Law. Plaintiffs made a cross motion to correct the notice of claim by supplying their signatures and a verification to conform to the original notice of claim. Defendant's motion to dismiss the complaint was denied, and plaintiffs' cross motion was granted to the extent of permitting them, within fifteen days after the entry of the order, to serve a completely conformed notice of claim upon defendant's attorney. Order affirmed, with $10 costs and disbursements, with leave to defendant to answer within ten days from the entry of the order hereon. No opinion. Carswell, Acting P.J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.