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BOOK v. DILWORTH

114 A.D.2d 434 (1985)

Clifford Book, Respondent, v. Donald Dilworth, as Police Commissioner of The County of Suffolk, et al., Appellants

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

October 21, 1985

Order and judgment reversed, on the law, without costs or disbursements, and motion to dismiss the complaint granted.

Plaintiff's action must be dismissed for failure to timely serve a notice of claim (see, Matter of Oakley v Police Prop. Clerk of Nassau County, 75 A.D.2d 816).

We find no basis in the record for estopping defendants from asserting the necessity for plaintiff to serve and allege the service...

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