McSHANE v. TOWN OF HEMPSTEAD

2008-01043.

66 A.D.3d 652 (2009)

886 N.Y.S.2d 751

2009 NY Slip Op 7235

MARIELLEN McSHANE, Appellant, v. TOWN OF HEMPSTEAD et al., Defendants, and LONG ISLAND POWER AUTHORITY et al., Respondents.

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

Decided October 6, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to the commencement of a tort action against the defendant Long Island Power Authority (hereinafter LIPA) (see General Municipal Law § 50-e [1] [a]; § 50-i [1]; Public Authorities Law § 1020-y [3]; Benzinger v Town of Brookhaven, 288 A.D.2d 412

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