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SMITH v. SCOTT

294 A.D.2d 11 (2002)

740 N.Y.S.2d 425

WALTER J. SMITH, JR., Appellant, v. THOMAS L. SCOTT et al., Respondents.

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

April 8, 2002.

Attorney(s) appearing for the Case

Walter J. Smith, Jr., Gainesville, appellant pro se.

Gary N. Weintraub, Town Attorney, Huntington, for respondents.

LUCIANO, J.P., SCHMIDT and ADAMS, JJ., concur.

OPINION OF THE COURT

O'BRIEN, J.P.

In this matter, which clearly should have been informally resolved without the costly litigation now before this Court, the issues are whether the plaintiff must comply with the notice of claim requirements of Town Law § 67 and, if so, whether he satisfied those requirements.

I

The appeal involves a motion, inter alia, to dismiss the complaint for failure to state a cause of action under CPLR 3211...

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