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SHARTRAND v. GLENVILLE

118 Misc.2d 128 (1983)

Allan C. Shartrand et al., Plaintiffs, v. Town of Glenville, Defendant.

Supreme Court, Special Term, Schenectady County.

January 29, 1983

Attorney(s) appearing for the Case

Maynard, O'Connor & Smith (J. Vincent Smith of counsel), for defendant. Parisi, De Lorenzo, Gordon, Pasquariello & Weiskopf, P. C. (John R. Massaroni of counsel), for plaintiffs.

WILLIAM L. FORD, J.

This is a motion by the defendant to dismiss the complaint pursuant to CPLR 3211 upon the grounds that: (1) the summons and complaint are untimely served; (2) a prior order dated July 21, 1982 dismissing a prior complaint on the merits is binding and controlling; (3) the complaint fails to allege that proper and timely notice of claim was filed; (4) the complaint fails to allege compliance with a section of the Town Law requiring written...

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