Conroy v. Smithtown Central School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*493In a proceeding pursuant to General Municipal Law § 50-e (5) for leave to serve a late notice of claim, the appeal is from an order of the Supreme Court, Suffolk County (Burke, J.), dated January 7, 2003, which granted the petition.
Ordered that the order is reversed, on the law, with costs, the petition is denied, and the proceeding is dismissed.
General Municipal Law § 50-e requires, as a condition precedent to a lawsuit against a municipal corporation, timely service of a notice of claim on the municipal corporation (see Benzinger v Town of Brookhaven, 288 AD2d 412 [2001]). In deciding…
2Cases cited2 opinions
- Dunlea v. Mahopac Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1996
- Benzinger v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2001
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