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SOUTHERN TIER PLASTICS, INC. v. COUNTY OF BROOME

504437.

2008 NY Slip Op 06423

SOUTHERN TIER PLASTICS, INC., Respondent, v. COUNTY OF BROOME, Defendant, and TOWN OF KIRKWOOD, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided and Entered: July 24, 2008.

Attorney(s) appearing for the Case

Shantz & Belkin, Latham (M. Randolph Belkin of counsel), for appellant.

Young & Young, Binghamton (Mark H. Young of counsel), for respondent.

Before: Mercure, J.P., Rose, Lahtinen, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

MERCURE, J.P.

In June 2006, a creek in the Town of Kirkwood, Broome County flooded, allegedly damaging plaintiff's property. Plaintiff served a notice of claim upon defendant Town of Kirkwood in September 2006, and, on October 18, 2006, the Town demanded a hearing pursuant to General Municipal Law § 50-h. The hearing was scheduled for January 8, 2007, but plaintiff subsequently requested that the hearing be adjourned and that its...

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