JOHNSON v. CITY OF PEEKSKILL

2009-09430

91 A.D.3d 825 (2012)

936 N.Y.S.2d 701

2012 NY Slip Op 491

HOWARD JOHNSON, Appellant, v. CITY OF PEEKSKILL, Respondent.

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

Decided January 24, 2012.


Ordered that the order is reversed, on the law, with costs, the defendant's motion to dismiss the complaint for failure to serve a timely notice of claim is denied, and the plaintiff's cross motion for leave to serve a late notice of claim is denied as unnecessary.

The plaintiff is the owner of a two-family residence investment property located in the City of Peekskill in Westchester County. The zoning ordinance contained in the Code of the City of Peekskill (hereinafter...

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