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ACCREDITED DEMOLITION CONSTR. CORP. v. CITY OF YONKERS

37 A.D.2d 708 (1971)

Accredited Demolition Construction Corp., Respondent, v. City of Yonkers, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 6, 1971

Order judgment reversed, on the law, without costs, and plaintiff's motion denied.

There are two issues presented on this appeal. The first is whether there are no real issues of fact, the determination of which is necessary to support plaintiff's claim. The second is whether plaintiff's conceded failure to file a notice of claim precludes the commencement of this action. Prior to December of 1959, defendant offered for...

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