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CARHART v. VILL. OF HAMILTON

190 A.D.2d 973 (1993)

Eugene Carhart et al., Appellants, v. Village of Hamilton et al., Respondents

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

February 25, 1993

Initially, we disagree with Supreme Court's conclusion that plaintiffs' failure to include the specific date the claim arose in the notice of claim rendered it jurisdictionally defective. Consequently, dismissal of the entire action was not warranted. "Whether a notice of claim substantially complies with the content requirements of General Municipal Law § 50-e (2) depends upon the circumstances of each case" (Levine v City of New York, 111 A...

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