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FILASKI-FITZGERALD v. TOWN OF HUNTINGTON

18 A.D.3d 603 (2005)

795 N.Y.S.2d 614

DENISE FILASKI-FITZGERALD et al., Appellants, v. TOWN OF HUNTINGTON, Respondent, et al., Defendant.

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

May 16, 2005.

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

Huntington Town Code, article V, § 173-18, requires that prior written notice of a sidewalk or street condition be given to the Huntington Town Clerk or Superintendent of Highways before an action may be maintained against the Town of Huntington to recover damages for personal injuries. The only exceptions to such requirement which have been recognized by the Court of Appeals are where the...

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