Appellate Division of the Supreme Court of the State of New York August 13, 1979 (Mahoney v. Town of Oyster Bay)

—In a negligence action, inter alia, to recover damages for personal injuries sustained by the infant plaintiff, plaintiffs appeal from an order of the Supreme Court, Nassau County, entered May 23, 1978, which granted defendant’s motion for summary judgment dismissing the complaint for plaintiffs’ failure to serve a notice of claim, and denied plaintiffs’ cross motion for summary judgment