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NOSTROM v. COUNTY OF SUFFOLK

2010-09236.

100 A.D.3d 974 (2012)

954 N.Y.S.2d 611

2012 NY Slip Op 8105

WARREN J. NOSTROM, Appellant, v. COUNTY OF SUFFOLK et al., Respondents.

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

November 28, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of the defendants' motion which was to dismiss the state-law cause of action because the plaintiff failed to serve a timely notice of claim (see Hibbert v Suffolk County Dept. of Probation, 267 A.D.2d 205, 205 [1999]). Contrary to the plaintiff's assertions, a notice of claim was required because, in the state-law cause of action...

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