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BRIDGEVIEW AT BABYLON COVE HOMEOWNERS ASSOCIATION, INC. v. INCORPORATED VILLAGE OF BABYLON

41 A.D.3d 404 (2007)

837 N.Y.S.2d 330

BRIDGEVIEW AT BABYLON COVE HOMEOWNERS ASSOCIATION, INC., Appellant, v. INCORPORATED VILLAGE OF BABYLON, Respondent, et al., Defendant.

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

Decided June 5, 2007.

Ordered that the order is affirmed, with costs.

On May 27, 2005 the plaintiff sustained injury to its property when a boat that had been moored at a dock owned by the Incorporated Village of Babylon drifted through the Boynes Canal and crashed into its bulkhead and dock. On or about October 20, 2005 the plaintiff served the Village with a notice of claim and commenced this action by filing a summons and complaint on January 30, 2006. When the Village moved for summary...

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