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DIER v. SUFFOLK COUNTY WATER AUTHORITY

2010-08495.

84 A.D.3d 861 (2011)

923 N.Y.S.2d 847

ROBERT DIER, Respondent, v. SUFFOLK COUNTY WATER AUTHORITY, Appellant, et al., Defendants.

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

Decided May 10, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendant Suffolk County Water Authority, in effect, to dismiss the complaint insofar as asserted against it is granted.

The Supreme Court erred in concluding that the appellant is estopped from asserting a defense based on the plaintiff's failure to serve a timely notice of claim. Equitable estoppel against a public...

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