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GALANTE v. COUNTY OF NASSAU

210 A.D.2d 201 (1994)

620 N.Y.S.2d 265

Paul J. Galante, Individually and as Parent and Natural Guardian of Kaia Galante, and Another, et al., Respondents, v. County of Nassau et al., Appellants, et al., Defendant

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

December 5, 1994

Ordered that the orders are affirmed insofar as appealed from, with one bill of costs.

Contrary to the appellants' contentions, the Supreme Court properly dismissed the first affirmative defense contained in the appellants' answer and amended answer, i.e., that the plaintiffs had failed to serve a notice of claim in compliance with General Municipal Law § 50-e. The record establishes, and the appellants do not contest...

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