KAWAR v. MARTIN

Order insofar as appealed from unanimously affirmed, without costs of this appeal to either party. Memorandum: Upon the facts here presented, it was not requisite to the maintenance of an action against the appellant Sommers to allege in the complaint due service of a notice as required by section 52 County of the County Law and section 50-e Gen. Mun. of the General Municipal Law.