BROWNSTEIN v. COUNTY OF WESTCHESTER, DEP'T OF PARKS, RECREATION & CONSERVATION


51 A.D.2d 792 (1976)

Michael Brownstein, Respondent, v. County of Westchester, Department of Parks, Recreation and Conservation, Appellant

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

February 23, 1976


Order affirmed, without costs or disbursements.

We concur with the majority at the Appellate Term, which dismissed defendant's appeal. It is true that, since the plaintiff's notice of claim did not comply with the controlling statutes (General Municipal Law, §§ 50-e, 50-i; County Law, § 52), the award of the arbitrator in the Small Claims Part in favor of plaintiff was based upon a mistake of law. However, the law is settled that finality and invulnerability...

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