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IPPOLITO v. CITY OF BUFFALO

195 A.D.2d 983 (1993)

600 N.Y.S.2d 882

Joseph R. Ippolito, Respondent, v. City of Buffalo, Appellant

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

July 16, 1993

Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

The timely filing of a notice of claim pursuant to General Municipal Law § 50-e is a condition precedent to the commencement of a tort action against a municipality seeking to recover damages for a violation of sections 200, 240 and 241 (6) of the Labor Law (see, General Municipal Law § 50-i [1]; Giblin v Nassau County Med. Ctr....

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