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COMBS v. INC. VILL. OF FREEPORT

139 A.D.2d 688 (1988)

Martha G. Combs et al., Respondents, v. Incorporated Village of Freeport, Appellant

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

April 25, 1988

Ordered that the order is affirmed, with costs.

The court properly denied the defendant's motion for summary judgment dismissing the plaintiffs' action to recover damages caused by an allegedly defective condition in a sidewalk, on the ground that the Village Clerk had not received prior written notice of this condition as required by CPLR 9804, Village Law § 6-628 and Code of Ordinances of the Village of Freeport ...

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