PEALO v. BREWERTON FIRE DEPARTMENT, INC.


269 A.D.2d 814 (2000)

702 N.Y.S.2d 484

SUSAN PEALO, Respondent, v. BREWERTON FIRE DEPARTMENT, INC., Appellant.

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

Decided February 16, 2000.


Order unanimously affirmed with costs.

Memorandum:

Plaintiff commenced this action to recover damages for injuries she allegedly sustained in a fall at premises owned by the Brewerton Fire District (Fire District) and occupied by defendant, Brewerton Fire Department, Inc. (Fire Department). Plaintiff moved to strike those affirmative defenses alleging that plaintiff failed to serve a notice of claim (see, General Municipal Law § 50-e [1]) and failed...

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