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COSTA v. TOWN OF BABYLON

6 Misc.3d 7 (2004)

787 N.Y.S.2d 810

VIRGINIA COSTA, Respondent, v. TOWN OF BABYLON, Appellant.

Supreme Court, Appellate Term, Second Department.

October 20, 2004.

Attorney(s) appearing for the Case

Dennis M. Cohen, Town Attorney, Lindenhurst (Andre Powell of counsel), for appellant.

McCabe, P.J., Covello and Tanenbaum, JJ.

OPINION OF THE COURT

Memorandum.

Order unanimously reversed without costs and defendant's motion to dismiss the action granted.

Plaintiff brought the instant small claims action against the Town of Babylon to recover for personal injuries sustained as a result of having fallen into a pothole in the road. In her complaint form, she alleged that she had filed a notice of claim with the Town, but did not...

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