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HARRIGAN v. TOWN OF SMITHTOWN

54 Misc.2d 793 (1967)

Ethel S. Harrigan et al., Plaintiffs, v. Town of Smithtown et al., Defendants.

Supreme Court, Special Term, Suffolk County.

October 9, 1967

Attorney(s) appearing for the Case

Patrick F. Adams for Cunningham and another, defendants. William F. Ahern, Jr., for John Mulligan, plaintiff.

JACK STANISLAW, J.

The Smithtown Water District, one of the defendants in this action, moves to dismiss the complaint because of the failure of the plaintiff Mulligan to serve a notice of claim (General Municipal Law, §§ 50-e, 50-i). Mulligan moves to dismiss the affirmative defense which is based on that same failure.

Quite simply, the issue is whether the Water District falls within the scope...

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