BARNOSKI v. BROADALBIN


117 Misc.2d 226 (1982)

Wanda J. Barnoski et al., Plaintiffs, v. Village of Broad-Albin, Defendant.

Supreme Court, Fulton County.

November 27, 1982


Attorney(s) appearing for the Case

La Pann, Reardon, Fitzgerald & Firth for defendant. Caputo, Aulisi & Skoda for plaintiffs.


THOMAS E. MERCURE, J.

Defendant, Village of Broadalbin, New York, seeks judgment, pursuant to CPLR 9804, on the ground of noncompliance by the plaintiffs with the required condition precedent mandated in the statute.

Plaintiffs allege that plaintiff Wanda Barnoski was injured when she fell in a hole on First Avenue, in the Village of Broadalbin, New York. Defendant, Village of Broadalbin, answered with a general denial and set forth as an affirmative...

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