Opinion
May 10, 1971
In an action to recover damages for land appropriated by defendant, plaintiff appeals from an order of the Supreme Court, Dutchess County, dated January 12, 1966, which amended a prior order and granted defendant's motion to dismiss the complaint on the ground that a notice of claim pursuant to section 50-e Gen. Mun. of the General Municipal Law had not been filed. Order reversed, with $10 costs and disbursements, and motion denied. Defendant's time to answer the complaint is extended until 20 days after entry of the order hereon. The complaint seeks to recover "compensation and [consequential] damages" from defendant town for its permanent appropriation of a portion of plaintiff's land for the widening of a town highway. Such action is not founded in tort; and compliance with the notice of claim provisions of section 50-e Gen. Mun. of the General Municipal Law is not required (Town Law, § 67). Hopkins, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.