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AURORA CONTRACTORS, INC. v. WEST BABYLON PUBLIC LIBRARY

2011-09338.

107 A.D.3d 922 (2013)

968 N.Y.S.2d 545

2013 NY Slip Op 4762

AURORA CONTRACTORS, INC., Respondent, v. WEST BABYLON PUBLIC LIBRARY, Appellant, et al., Defendants.

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

Decided June 26, 2013.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied that branch of the motion of the defendant West Babylon Public Library (hereinafter the Library) which was for summary judgment dismissing the first cause of action on the ground that the plaintiff was required to serve a notice of claim pursuant to Education Law § 3813 (1). The notice of claim requirements of Education Law § 3813 (1) apply to actions...

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