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GABRI v. COUNTY OF NIAGARA

99 A.D.2d 650 (1984)

Robert A. Gabri et al., Appellants, v. County of Niagara, Appellant, and Town of Pendleton, Respondent. (Action No. 1.) Robert A. Gabri, Appellant, v. County of Niagara, Appellant, and Town of Pendleton, Respondent. (Action No. 2.)

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

January 27, 1984

Order unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum:

We affirm Special Term's dismissal of plaintiff's complaint against the town for failure to allege compliance with Local Law No. 1 of 1977 of the Town of Pendleton which, we hold, requires, as a condition precedent to bringing suit, the service of written notice on the town of the defect or danger resulting from the existence of snow and ice upon county...

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