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SOUZA v. TOWN OF OSSINING

285 A.D.2d 543 (2001)

727 N.Y.S.2d 907

JACK SOUZA et al., Appellants, v. TOWN OF OSSINING, Respondent, et al., Defendant.

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

Decided July 16, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs did not file a notice of claim in compliance with General Municipal Law § 50-e with respect to a claim arising from an incident which occurred on May 12, 1997. Therefore, the Supreme Court properly granted that branch of the respondent's motion which was to dismiss the first cause of action insofar as asserted against it (see, Hey v Town of Napoli,

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