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CORONA v. GALLINGER

168 Misc.2d 429 (1996)

642 N.Y.S.2d 802

Robert J. Corona, Jr., et al., Plaintiffs, v. Gallinger Real Estate Better Homes and Gardens, Inc., et al., Defendants.

Supreme Court, Onondaga County.

April 5, 1996

Attorney(s) appearing for the Case

Saperston & Day, Syracuse (Kenneth M. Alweis of counsel), for Town of Manlius, defendant. DePerno, Khanzadian & McGrath, Barneveld (Karen Khanzadian of counsel), for plaintiffs. Sugerman, Wallace, Manheim & Schoenwald, Syracuse (Paul M. Gonzalez of counsel), for Gallinger Real Estate Better Homes & Gardens, Inc., defendant. Martin, Martin & Woodard, Syracuse (Donald J. Martin of counsel), for Central New York Mortgage Corporation, defendant. Manion & Copani, Syracuse, for Joseph Pollichemi, defendant. Michael Pekarsky, Syracuse, for Home Builders Association of Central New York, Inc., defendant.

CHARLES T. MAJOR, J.

This is initially a motion by defendant Town of Manlius for summary judgment under CPLR 3212, dismissing the complaint on the ground that plaintiffs did not comply with the statutory notice of claim requirements under General Municipal Law §§ 50-e and 50-i. Plaintiffs have cross-moved for permission to serve a late notice of claim under General Municipal Law § 50-e (5).<...

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