Delaney v. Town of Islip
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*659In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Suffolk County (Whelan, J.), dated October 8, 2008, which denied its motion for summary judgment dismissing the complaint, and granted the plaintiffs’ cross motion for leave to amend their notice of claim.
Ordered that the order is affirmed, with costs.
The defendant Town of Islip enacted an ordinance which provides, in relevant part, that no civil action shall be maintained against it for injuries sustained by reason of a street defect unless prior written notice of such…
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