Porcaro v. Town of Beekman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for failure to repair certain sewage facilities, and for injunctive relief, the plaintiffs appeal from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated December 5, 2003, as granted the motion of the defendant Town of Beekman pursuant to CPLR 3211 (a) (5) and (7) to dismiss the complaint insofar as asserted against it, and denied their cross motion for leave to serve a late notice of claim.
Ordered that the order is affirmed insofar as appealed from, with costs.
*378The defendant Town of Beekman met its initial burden of…
2Cases cited5 opinions
- Klein v. City of YonkersNew York Court of Appeals · 1981
- Nebbia v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1983
- Town of Hempstead v. Lizza Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Lopez v. Brentwood Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1989
- Schwinghammer v. Sullivan West Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2003
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