MARINO v. TOWN OF OYSTER BAY


9 A.D.3d 394 (2004)

781 N.Y.S.2d 358

TINA MARINO et al., Respondents, v. TOWN OF OYSTER BAY, Appellant.

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

July 12, 2004.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint on the ground that the notice of claim was defective is granted, and the complaint is dismissed.

The plaintiffs' notice of claim did not comply with General Municipal Law § 50-e (2) because it failed to identify the location of the accident with sufficient particularity to enable the defendant to...

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