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FINKE v. CITY OF GLEN COVE

55 A.D.3d 785 (2008)

866 N.Y.S.2d 317

JOSEPH FINKE, Appellant, v. CITY OF GLEN COVE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 21, 2008.

Ordered that the order is affirmed, with costs.

The defendant's motion to dismiss the complaint was properly granted. However, we affirm the order for reasons other than those stated by the Supreme Court.

On November 1, 2005 the plaintiff Joseph Finke served a notice of claim upon the City of Glen Cove, New York, pursuant to General Municipal Law § 50-e, alleging that the City consented to a tenancy at will...

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