WALKER v. INCORPORATED VILLAGE OF NORTHPORT


304 A.D.2d 823 (2003)

757 N.Y.S.2d 801

IRENE WALKER et al., Respondents, v. INCORPORATED VILLAGE OF NORTHPORT, Appellant, et al., Defendants.

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

Decided April 28, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the Incorporated Village of Northport, and the action against the remaining defendants is severed.

The Incorporated Village of Northport made a prima facie showing of its entitlement to judgment as a matter of law by establishing that it neither received the requisite prior written notice of the alleged...

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