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ELLMAN v. VILLAGE OF RHINEBECK

27 A.D.3d 414 (2006)

810 N.Y.S.2d 664

SUSAN B. ELLMAN, Appellant, v. VILLAGE OF RHINEBECK, Respondent, et al., Defendants.

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

March 7, 2006.

Ordered that the order is affirmed, with costs.

The plaintiff's late service of a notice of claim upon the Village of Rhinebeck was a nullity because it was made without leave of the court (see Alston v Aversano, 24 A.D.3d 399 [2005]; Pierre v City of New York, 22 A.D.3d 733 [2005]; Santiago v City of New York, 294 A.D.2d 483 [2002]). The...

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