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HASSETT-BELFER SENIOR HOUSING, L. L. C. v. TOWN OF NORTH HEMPSTEAD

270 A.D.2d 306 (2000)

705 N.Y.S.2d 233

HASSETT-BELFER SENIOR HOUSING, L. L. C., Appellant, v. TOWN OF NORTH HEMPSTEAD, Respondent.

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

Decided March 13, 2000.

Ordered that the order is affirmed, with costs.

The failure to serve a notice of claim in compliance with Town Law § 65 (3) compelled the dismissal of the action (see, Town Law § 65 [3]; Parochial Bus Sys. v Board of Educ., 60 N.Y.2d 539). The plaintiff's contention that service of the verified complaint upon the Town Clerk was equivalent to the service of a verified...

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