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MAIELLO v. CITY OF NY

113 Misc.2d 122 (1981)

Vivian Maiello et al., Respondents, v. City of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

August 11, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Stephen Clayton, Bernard Abel and Joseph K. Kiley of counsel), for appellant. Pegalis & Wachsman, P. C. (Paul A. Krez of counsel), for respondents.

BUSCHMANN, J. P., HIRSCH, and KUNZEMAN, JJ., concur.

MEMORANDUM.

Judgment and order affirmed, without costs.

In our opinion, the court below correctly determined that the notice of claim served pursuant to section 50-e of the General Municipal Law was defective but that the defendant was not prejudiced thereby. The defendant has questioned whether the Civil Court had the jurisdiction to disregard the defendant pursuant to subdivision 6 of section 50-e of the General...

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