CONTE v. INC. VILL. OF PORT JEFFERSON


193 A.D.2d 644 (1993)

598 N.Y.S.2d 968

Linda A. Conte et al., Appellants, v. Incorporated Village of Port Jefferson, Respondent, et al., Defendants. (And Related Titles.)

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

May 10, 1993


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that the plaintiffs' failure to serve the requisite notice pursuant to Village Law § 6-628 acts as a bar to the claims against the defendant Incorporated Village of Port Jefferson (see, Monteleone v Incorporated Vil. of Floral Park, 74 N.Y.2d 917; Buccellato v County of Nassau,

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