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KOONMEN v. TOWN OF BROOKHAVEN

236 A.D.2d 591 (1997)

654 N.Y.S.2d 681

Brian D. Koonmen, Respondent, v. Town of Brookhaven, Appellant

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

February 24, 1997

Ordered that the order is reversed, on the law, with costs, and the defendant's motion is granted; and it further,

Ordered that the plaintiff is directed to serve his response to the defendant's demand pursuant to CPLR 3101 (d) within 30 days after service upon him of a copy of this decision and order with notice of entry.

The plaintiff failed to establish that "unusual and unanticipated conditions" developed subsequent...

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