This is a motion by the defendants Waverly Central School District and Rev. Vincent Cooper, made pursuant to CPLR 3211 (subd. [a], par. 5), for an order and judgment dismissing the complaint upon the ground that the action may not be maintained because of the failure of the plaintiff, State of New York, to present, serve, or file a notice of claim upon the defendants as required by section 50-e of the General Municipal Law of the State...
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