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MERCIER v. MUN. HOUS. AUTH. OF THE CITY OF SCHENECTADY

133 A.D.2d 990 (1987)

Margaret Mercier et al., Respondents, v. Municipal Housing Authority of the City of Schenectady, Also Known as Schenectady Municipal Housing Authority, Appellant

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

October 29, 1987

Kane, J.

In their complaint, plaintiffs seek damages allegedly caused by a slip and fall accident and by leaking gas. Plaintiffs, however, failed to serve a notice of claim. Accordingly, defendant moved to dismiss upon the ground that the action was not properly commenced. Supreme Court denied the motion and this appeal ensued.

We reverse. Defendant operates pursuant to Public Housing Law § 406...

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