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CARUSO v. CITY OF BUFFALO URBAN RENEWAL AGENCY

159 A.D.2d 996 (1990)

Vito J. Caruso, Respondent-Appellant, v. City of Buffalo Urban Renewal Agency et al., Appellants-Respondents, et al., Defendant. (Appeal No. 1.)

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

March 16, 1990

Order unanimously reversed on the law without costs, motion to dismiss complaint in first action granted, motion to dismiss complaint in second action denied and complaint reinstated.

Memorandum:

The City of Buffalo Urban Renewal Agency (BURA) contends that Supreme Court erred in denying its motion to dismiss or for summary judgment with respect to the complaint in the "First Action". We agree.

The filing of a notice of claim is a condition precedent...

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