Mistretta v. Town of North Hempstead

Appellate Division of the Supreme Court of New York

Mistretta v. Town of North Hempstead

201 A.D.2d 710, 609 N.Y.S.2d 844, 1994 N.Y. App. Div. LEXIS 1707

Appellate Division of the Supreme Court of the State of New York·Decided February 28, 1994·Published

Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered December 4, 1991, which granted the defendant’s motion to dismiss the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the complaint based upon the plaintiffs’ failure to meet the written notice requirements set forth in Town Law § 65-a (2) and the Town of North Hempstead Code § 26-1 (see, O’Rourke v Town of Smithtown, 129 AD2d 570). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered December 4, 1991, which granted the defendant’s motion to dismiss the complaint.

Ordered that the judgment is affirmed, with costs.

The Supreme Court properly dismissed the complaint based upon the plaintiffs’ failure to meet the written notice requirements set forth in Town Law § 65-a (2) and the Town of North Hempstead Code § 26-1 (see, O’Rourke v Town of Smithtown, 129 AD2d 570). Bracken, J. P., Miller, Copertino, Santucci and Altman, JJ., concur.

Mistretta v. Town of North Hempstead, 201 A.D.2d 710, 609 N.Y.S.2d 844, 1994 N.Y. App. Div. LEXIS 1707 (N.Y. Ct. App. 1994).

Pincite

201 A.D.2d 710 (Mistretta v. Town of North Hempstead) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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