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Nioras v. Village of Rye Brook

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 2010
74 A.D.3d 1036 (N.Y. App. Div. 2010)

Opinion

No. 2009-07249.

June 15, 2010.

In an action, inter alia, to recover damages for unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scheinkman, J.), entered June 23, 2009, which granted the defendants' motion for summary judgment dismissing the complaint for failure to comply with CPLR 9802, and denied his cross motion, inter alia, for summary judgment on the complaint.

McCarthy Fingar LLP, White Plains, N.Y. (Joel Martin Aurnou and Stephen Davis of counsel), for appellant.

Gelardi Randazzo, LLP, Rye Brook, N.Y. (James A. Randazzo, Edward F. Beane, and Karen Lee of counsel), for respondent.

Before: Fisher, J.P., Santucci, Miller and Lott, JJ.


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the notice of claim requirements of CPLR 9802 apply to this action ( see CPLR 9802; Solow v Liebman, 175 AD2d 867, 868-869; see also Greco v Incorporated Vil. of Freeport, 223 AD2d 674; Martz v Incorporated Vil. of Val. Stream, 210 AD2d 205; Nassau County v Incorporated Vil. of Roslyn, 182 AD2d 678, 679). Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint for failure to comply with CPLR 9802.

In light of our determination, we need not reach the plaintiffs remaining contentions.


Summaries of

Nioras v. Village of Rye Brook

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 2010
74 A.D.3d 1036 (N.Y. App. Div. 2010)
Case details for

Nioras v. Village of Rye Brook

Case Details

Full title:ROBERT NIORAS, Appellant, v. VILLAGE OF RYE BROOK et al., Respondents

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

Date published: Jun 15, 2010

Citations

74 A.D.3d 1036 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5372
902 N.Y.S.2d 386

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