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BELL v. TOWN OF OYSTER BAY

233 A.D.2d 282 (1996)

649 N.Y.S.2d 799

Margaret Bell, Respondent, v. Town of Oyster Bay, Appellant

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

November 4, 1996

Ordered that the order is reversed, on the law, without costs or disbursements, the plaintiff's application is denied, and the complaint is dismissed.

It is well settled that an application for leave to serve a late notice of claim must be brought within the one year and 90-day limitation period provided for by General Municipal Law § 50-i (see, General Municipal Law § 50-e [5]). It is undisputed that the...

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