Judgment unanimously affirmed without costs.
Memorandum:
Supreme Court properly determined that the notice of claim requirement set forth in section 8-115 (3) of the Syracuse City Charter does not apply to an action for a judgment declaring that a provision of the City's Tax and Assessment Act is unconstitutional. Section 8-115 (3) provides that "[n]o action or special proceeding, for any cause whatever * * * shall be prosecuted or maintained against the city...
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