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SOUTHERN TIER PLASTICS, INC. v. COUNTY OF BROOME

53 A.D.3d 980 (2008)

862 N.Y.S.2d 175

SOUTHERN TIER PLASTICS, INC., Respondent, v. COUNTY OF BROOME, Defendant, and TOWN OF KIRKWOOD, Appellant.

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

Decided July 24, 2008.

Mercure, J.P.

In June 2006, a creek in the Town of Kirkwood, Broome County flooded, allegedly damaging plaintiff's property. Plaintiff served a notice of claim upon defendant Town of Kirkwood in September 2006, and, on October 18, 2006, the Town demanded a hearing pursuant to General Municipal Law § 50-h. The hearing was scheduled for January 8, 2007, but plaintiff subsequently requested that the hearing be adjourned and that its location be changed. The Town...

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