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DELANEY v. TOWN OF ISLIP

63 A.D.3d 658 (2009)

880 N.Y.S.2d 190

BERNARD DELANEY et al., Respondents, v. TOWN OF ISLIP, Appellant.

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

Decided June 2, 2009.

Ordered that the order is affirmed, with costs.

The defendant Town of Islip enacted an ordinance which provides, in relevant part, that no civil action shall be maintained against it for injuries sustained by reason of a street defect unless prior written notice of such condition was actually given to the Town Clerk or the Commissioner of Public Works, and the Town failed to repair it within a reasonable time thereafter (see Town of Islip Code § 47A-3...

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