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LISTON v. TOWN OF NEWBURGH

2011-01772

90 A.D.3d 861 (2011)

934 N.Y.S.2d 712

2011 NY Slip Op 9282

ANDREW LISTON et al., Appellants, v. TOWN OF NEWBURGH, Respondent.

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

Decided December 20, 2011.

Ordered that the order is affirmed, with costs.

General Municipal Law § 50-i (1) states, in part, that "[n]o action . . . shall be prosecuted . . . against a . . . town . . . for. . . damage to real or personal property alleged to have been sustained by reason of the negligence . . . of such . . . town. . . unless . . . the action . . . shall be commenced within one year and ninety days after the happening of the event upon which the claim is based." Here, the...

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