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VILLAR v. HOWARD

No. 153.

28 N.Y.3d 74 (2016)

64 N.E.3d 280

41 N.Y.S.3d 460

2016 NY Slip Op 06944

ADAM VILLAR, Respondent, v. TIMOTHY B. HOWARD, Erie County Sheriff, Appellant.

Court of Appeals of New York.

Decided October 25, 2016.

Attorney(s) appearing for the Case

Michael A. Siragusa , County Attorney, Buffalo ( Kenneth R. Kirby of counsel), for appellant.

Connors LLP, Buffalo ( John T. Loss and Paul A. Woodard of counsel), for respondent.

Chief Judge DIFIORE and Judges RIVERA, ABDUS-SALAAM and GARCIA concur; Judges PIGOTT and FAHEY taking no part.

OPINION OF THE COURT

General Municipal Law § 50-e (1) (b) provides that service of a notice of claim upon a public corporation is not a condition precedent to the commencement of an action against "an officer, appointee or employee of [the] public corporation" unless "the...

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