AUGUSTYN v. COUNTY OF WYOMING


275 A.D.2d 1003 (2000)

716 N.Y.S.2d 341

RICHARD H. AUGUSTYN, Respondent, v. COUNTY OF WYOMING, Appellant, and NORTH AMERICAN SOLID TIMBER FRAME HOMES, INC., et al., Respondents, et al., Defendants.

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

Decided September 29, 2000.


Order unanimously reversed on the law without costs, cross motion denied, motion granted and complaint dismissed.

Memorandum:

Supreme Court erred in denying the motion of the County of Wyoming (defendant) to dismiss the complaint based on plaintiff's failure to file a timely notice of claim and in granting plaintiff's cross motion for leave to file a late notice of claim. Plaintiff's claim arose when defendant informed plaintiff by letter dated March 13, 1996...

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