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KLIMEK v. TOWN OF GHENT

114 A.D.2d 614 (1985)

Charles F. Klimek, Individually and as Father and Natural Guardian of Peter E. Klimek, an Infant, Respondent, v. Town of Ghent, Appellant, and County of Columbia, et al., Respondents

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

October 17, 1985

Weiss, J.

The facts in this case are set forth in Klimek v Town of Ghent (71 A.D.2d 359), where we denied plaintiff's motion to dismiss the affirmative defense of lack of compliance with Local Law, 1976, No. 1 of Town of Ghent (requirement for prior written notice of condition complained of) and held the local law to be constitutional. The case is before us again on...

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