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BARBER v. NORTHUMBERLAND

121 Misc.2d 655 (1983)

Brett Barber, by His Guardian ad Litem, Leon E. Barber, Jr., et al., Plaintiffs, v. Town of Northumberland et al., Defendants. Town of Northumberland et al., Third-Party Plaintiffs, v. John Strohl, as Superintendent of Highways of Saratoga County, et al., Third-Party Defendants.

Supreme Court, Saratoga County.

November 15, 1983

Attorney(s) appearing for the Case

La Pann, Reardon, Fitzgerald & Firth for Town of Northumberland and another, defendants and third-party plaintiffs. Simon, Trieble, McNamara & Rider for third-party defendants. McMahon & McMahon, P. C., for plaintiffs. Maynard, O'Connor & Smith for Wayne B. Holcomb, defendant. Friedman, Maksail, Hirschen & Miller for Leon Barber on counterclaim.

THOMAS E. MERCURE, J.

This is a motion by defendants and third-party plaintiffs seeking dismissal of the complaint and summary judgment against plaintiffs above. There is also an order to show cause by defendants and third-party plaintiffs seeking permission to amend their answer to include the affirmative defense of failure to establish prior written notice of defect, as required by law, and allowing the failure to comply with the statutory requirements...

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