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Bigit v. Incorporated Village of Freeport

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1998
253 A.D.2d 509 (N.Y. App. Div. 1998)

Opinion

August 24, 1998

Appeal from the Supreme Court, Nassau County (Dunne, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

Since the plaintiff did not challenge the defendant's allegation that it had not received prior written notice of the defective condition which allegedly caused the plaintiff's injury, the Supreme Court should have granted the defendant's motion and dismissed the complaint ( see, CPLR 9804; Village Law § 6-628; Village of Freeport Code of Ordinances § 27-2).

The plaintiff's remaining contention is without merit.

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Bigit v. Incorporated Village of Freeport

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1998
253 A.D.2d 509 (N.Y. App. Div. 1998)
Case details for

Bigit v. Incorporated Village of Freeport

Case Details

Full title:FRANK K. BIGIT, Respondent, v. INCORPORATED VILLAGE OF FREEPORT, Appellant

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

Date published: Aug 24, 1998

Citations

253 A.D.2d 509 (N.Y. App. Div. 1998)
676 N.Y.S.2d 871

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