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GRIMALDI v. CITY OF TONAWANDA

275 A.D.2d 917 (2000)

715 N.Y.S.2d 175

ANDREW GRIMALDI et al., Appellants, v. CITY OF TONAWANDA, Respondent, et al., Defendant.

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

Decided September 29, 2000.

Order unanimously affirmed without costs.

Memorandum:

We reject plaintiffs' contentions that the complaint states a cause of action for a de facto taking and that no notice of claim was required. Rather, the complaint sounds in tort, and a notice of claim therefore was required (see, General Municipal Law § 50-e [1] [a]). Supreme Court properly denied plaintiffs' motion to strike the affirmative defense...

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