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SMITH v. TOWN OF ELLISBURG

234 A.D.2d 938 (1996)

651 N.Y.S.2d 772

Winford Smith, Appellant, v. Town of Ellisburg et al., Respondents

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

December 30, 1996

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly concluded that the claims asserted by plaintiff were time-barred. Plaintiff did not assert an equitable claim for continuing trespass but rather sought monetary damages for a single incidence of negligence. Therefore, the contention that General Municipal Law §§ 50-e and 50-i do not apply is without merit (cf., Baumler...

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