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RODRIGUEZ v. BROOKLYN PUB. LIB.

7824/10.

34 Misc.3d 310 (2011)

934 N.Y.S.2d 291

2011 NY Slip Op 21418

DAVID RODRIGUEZ, Plaintiff, v. BROOKLYN PUBLIC LIBRARY et al., Defendants.

Supreme Court, Kings County.

Decided November 29, 2011.

Attorney(s) appearing for the Case

Law Offices of Larry Hallock , Brooklyn, for plaintiff.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York City, for defendant.

OPINION OF THE COURT

ARTHUR M. SCHACK J.

This case addresses whether defendant the Brooklyn Public Library (BPL) is a "municipal corporation" and, if it is, whether a plaintiff is obligated to serve a notice of claim, pursuant to General Municipal Law §§ 50-e and 50-i, upon BPL as a condition precedent to commencing a tort action against BPL. The court finds it is clear that BPL is not a "municipal corporation...

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