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REEP v. MAMARONECK UNION FREE SCHOOL DISTRICT

57 A.D.3d 754 (2008)

868 N.Y.S.2d 914

MAURICE REEP et al., Respondents, v. MAMARONECK UNION FREE SCHOOL DISTRICT, Appellant.

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

December 16, 2008.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court correctly determined that the defendant was estopped from asserting a notice of claim defense as a matter of law (see Conquest Cleaning Corp. v New York City School Constr. Auth., 279 A.D.2d 546 [2001]).

Additionally, the Supreme Court properly determined, in effect, that...

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