CARAFORA v. TOWN OF NEWBURGH

2010-06887.

83 A.D.3d 879 (2011)

920 N.Y.S.2d 788

CHRISTOPHER CARAFORA, Respondent, v. TOWN OF NEWBURGH, Appellant.

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

Decided April 19, 2011.


Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was to dismiss the complaint for failure to serve a timely notice of claim in compliance with General Municipal Law §§ 50-e and 50-i is granted, and the motion is otherwise denied as academic.

In October 2009, the plaintiff commenced this action against the defendant, Town of Newburgh, to recover damages to real and personal property allegedly caused by...

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