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BERGAMINI v. TOWN OF BABYLON

190 A.D.2d 650 (1993)

Angel Bergamini, an Infant, by Her Father and Natural Guardian, Raymond Bergamini, et al., Respondents, v. Town of Babylon, Appellant

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

February 1, 1993

Ordered that the order is affirmed, with costs.

This action was commenced on behalf of the infant plaintiff to recover damages for personal injuries she allegedly sustained when she fell on a defective walkway while riding her bicycle. The municipal defendant served an answer asserting, as the second and third defenses respectively, that the action is barred by reason of the plaintiffs' failure to comply with the prior written notice requirements of Town Law §...

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