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BUTTS, JR. v. VILLAGE OF SAG HARBOR

260 A.D.2d 419 (1999)

688 N.Y.S.2d 197

GEORGE E. BUTTS, JR., et al., Appellants, v. VILLAGE OF SAG HARBOR, Respondent.

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

Decided April 12, 1999.

Ordered that the order is affirmed, with costs.

The plaintiff George E. Butts, Jr., allegedly was injured when he tripped over a raised slab of sidewalk which was caused by the expansion of the roots of an adjacent tree. The Village of Sag Harbor moved for summary judgment based upon the plaintiffs' failure to comply with the prior written notice requirements of § 34-1 (A) of the Village Code.

The Village established its entitlement to summary judgment...

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