PRACHEL v. WEBSTER

CA 11-02197.

96 A.D.3d 1365 (2012)

946 N.Y.S.2d 341

2012 NY Slip Op 4468

KATHLEEN PRACHEL, Respondent, v. TOWN OF WEBSTER, Appellant.

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

June 8, 2012.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking to limit plaintiff's recoverable property damages to those accruing within the 90 days prior to service of the notice of claim and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action asserting causes of action for trespass, nuisance and negligence. She sought damages for injuries she sustained...

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