Summary
In Parsons v. Village of Dannemora (275 App. Div. 738), it appeared that negligence actions were brought by a husband and wife against a village.
Summary of this case from Matter of Newman v. City of GenevaOpinion
March 16, 1949.
Appeal from Supreme Court, Clinton County.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
The plaintiff wife instituted an action for personal injuries sustained while traveling along one of the streets of the defendant village. She alleges that the highway was in an unsafe and dangerous condition. The husband's action is for the loss of services of the wife and for expenses incurred in her treatment and care. It is admitted in the complaints that no notice in compliance with the provisions of section 341 of the Village Law and section 50-e Gen. Mun. of the General Municipal Law was given to the village. In their complaints, plaintiffs allege that they failed to file notice because of representations made to them by officers of the village and by an agent of the insurance carrier, which protected the village against claims for negligence. The failure of the plaintiffs to file notice of claims, as required by the statute to which reference has been made, is a bar to the maintenance of these actions. It may be that plaintiffs have a cause of action against the village officers, the insurance company and its representative by reason of the alleged representations which induced them to forego filing of claims. ( Inman v. Merchants Mut. Cas. Co., 274 App. Div. 320.) The orders appealed from are unanimously affirmed and, under the circumstances, without costs.