MATTER OF LIPINSKI v. COUNTY OF BROOME


175 A.D.2d 369 (1991)

In the Matter of David Lipinski, Appellant, v. County of Broome, Respondent

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

July 11, 1991


Mercure, J.

In June 1988, petitioner commenced an action against respondent and others in United States District Court for the Northern District of New York, alleging Federal and pendent State claims which accrued in connection with petitioner's incarceration during the period June 1987 to September 1987. In its answer, respondent pleaded as an affirmative defense petitioner's failure to file a notice of claim as required by General Municipal Law §...

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