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LUCIANO v. FANBERG REALTY

102 A.D.2d 94 (1984)

Rosie Luciano, Respondent, v. Fanberg Realty Company et al., Defendants, and Port Authority of New York and New Jersey, Appellant

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

May 22, 1984

Attorney(s) appearing for the Case

Arthur P. Berg of counsel (Sholem Friedman and Jay A. Selcov with him on the brief; Patrick J. Falvey, attorney), for appellant.

Mark J. Manus of counsel (Ronald V. Pomerance with him on the brief; Lipsig, Sullivan & Liapakis, P. C., attorneys), for respondent.

KUPFERMAN, J. P., SILVERMAN, MILONAS and KASSAL, JJ., concur.

SULLIVAN, J.

The Port Authority appeals from an order, entered after the commencement of this action, granting plaintiff leave to serve a notice of claim, nunc pro tunc. Since the filing of a notice of claim upon the Port Authority is a condition precedent to suit, and the applicable statute does not provide an exception in the circumstances presented, Special Term lacked the power to waive compliance. Accordingly, we reverse and dismiss the complaint...

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