On the appeal by Town of Smithtown, order, insofar as appealed from, affirmed, with $10 costs and disbursements.
The town's time to answer is extended until 20 days after entry of the order hereon. On the appeal by County of Suffolk, order, insofar as appealed from, reversed, with $10 costs and disbursements; action as against the county severed; and first amended complaint as to the county dismissed. In our opinion no statutory notice of claim was necessary as a...
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