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SALESIAN SOC. v. ELLENVILLE

41 N.Y.2d 521 (1977)

Salesian Society, Inc., Appellant, v. Village of Ellenville et al., Respondents, et al., Defendant.

Court of Appeals of the State of New York.

Decided April 5, 1977.

Attorney(s) appearing for the Case

Theodore P. Daly, Richard T. Graham, Henry E. Otto and John Peri, Jr., New York City, for appellant.

James J. Murray, Ellenville, for the Village of Ellenville, respondent.

Jay L. Samoff, Joseph Friedman and Douglas Jesse Hunt, Ellenville, for Ice Caves Mountain Corp., respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur.

FUCHSBERG, J.

We hold that under the peculiar circumstances of this case the failure to timely serve and file a notice of claim on the Village of Ellenville as required by former section 341-b of the Village Law was not a bar to the plaintiff's recovery in this action brought to determine title to real property under article 15 of the Real Property Actions and Proceedings Law.

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