Robert F. Elliott Secures Case Dismissal on Behalf of Local Fire District

Robert F. Elliott succeeded in having a personal injury matter dismissed on the ground that plaintiff’s counsel never served the Fire District with the appropriate Notice of Claim.  We moved to dismiss plaintiff’s Complaint in its entirety on the grounds of his lawyer’s failure to comply with the conditions precedent of the General Municipal Law which would require timely service of a Notice of Claim upon the Fire District.   In our papers, we emphasized that service upon the Fire Department, instead of the Fire District, does not suffice to meet the requirements of service.  The Court’s decision also noted that plaintiff’s attorney failed to explain a 19-month delay in filing a Notice of Claim upon the Fire District and, therefore, did not rebut our argument of prejudice.


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