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BENZINGER v. TOWN OF BROOKHAVEN

288 A.D.2d 412 (2001)

735 N.Y.S.2d 394

SUZAN BENZINGER et al., Appellants, v. TOWN OF BROOKHAVEN et al., Defendants, and LONG ISLAND POWER AUTHORITY, Respondent.

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

Decided November 26, 2001.

Ordered that the order is affirmed, with costs.

The Public Authorities Law, under which the defendant Long Island Power Authority (hereinafter LIPA) was formed, incorporates the provisions of General Municipal Law § 50-e with respect to actions brought against a public authority (see, Public Authorities Law § 1020-y [3]). General Municipal Law § 50-e requires, as a condition precedent to a lawsuit against a municipal corporation, timely service...

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