MATTER OF MAGALDINO v. TOWN OF HURLEY


177 A.D.2d 906 (1991)

In the Matter of Andrew J. Magaldino et al., Respondents, v. Town of Hurley, Appellant

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

November 27, 1991


Mercure, J.

In August 1990, petitioners made this application for leave to serve a late notice of claim upon respondent. As set forth in the proposed notice of claim submitted on the application, petitioners' claim is founded upon the theory that respondent negligently issued a building permit on December 3, 1986 and certificate of occupancy on November 14, 1987 with respect to the home now owned by petitioners, thereby permitting the construction and...

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