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SCHIAVONE v. COUNTY OF NASSAU

41 N.Y.2d 844 (1977)

James F. Schiavone et al., Respondents, v. County of Nassau et al., Defendants, and "John" Kamensky et al., Appellants. Betty Iorio, Individually and as Administratrix of The Estate of Carmine Iorio, Deceased, Respondent, v. County of Nassau et al., Defendants, and Harold W. Pearson et al., Appellants.

Court of Appeals of the State of New York.

Decided February 15, 1977.

Attorney(s) appearing for the Case

James M. Catterson, Jr., County Attorney (William S. Norden and Natale C. Tedone of counsel), for appellants.

Norman H. Dachs and Beth J. Goldmacher for respondents.

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

MEMORANDUM.

Orders affirmed, with costs.

In light of the provisions of subdivision 4 of section 50-e of the General Municipal Law (prior to L 1976, ch 745, see L 1945, ch 694) plaintiffs were entitled to rely on the clauses purportedly dispensing with notice other than as provided in the section. The subsequent amendment of section 52 of the County Law (L 1976, ch 745) reinforces the interpretation of the legislative...

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