KELLER v. BARRY


84 A.D.2d 575 (1981)

Eleanor C. Keller et al., Appellants, v. James C. Barry, Respondent

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

October 26, 1981


Order modified, on the law, by deleting the first and third decretal paragraphs and substituting therefor provisions (1) granting the defendant's motion for summary judgment as to the first cause of action only and (2) dismissing said cause of action. As so modified, order affirmed, without costs or disbursements.

It is clear that because the notice requirements of section 6-628 of the Village Law had not been satisfied, plaintiffs would not have been successful in...

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