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MAINLINE ELECTRIC CORP. v. EAST QUOGUE UNION FREE SCHOOL DISTRICT

46 A.D.3d 859 (2007)

849 N.Y.S.2d 92

MAINLINE ELECTRIC CORP., Appellant, v. EAST QUOGUE UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided December 26, 2007.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendant's motion which was to pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred and substituting therefor a provision denying that branch of the motion and (2) by deleting the provision thereof denying as untimely the plaintiff's cross motion for leave to serve a late notice of claim pursuant to...

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