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MATTER OF SCHWINDT v. COUNTY OF ESSEX

60 A.D.3d 1248 (2009)

876 N.Y.S.2d 191

In the Matter of FRANK SCHWINDT et al., Respondents, v. COUNTY OF ESSEX et al., Respondents, and ESSEX COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Appellants.

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

Decided March 26, 2009.

MERCURE, J.

Petitioner Frank Schwindt allegedly sustained various injuries when he fell from the roof of a firehouse located in the Town of Schroon, Essex County, in October 2007. Thereafter, in March 2008, Schwindt and his spouse, derivatively, moved by order to show cause for leave to file a late notice of claim against respondent Schroon Lake Fire District, the equitable owner of the firehouse, and respondent Essex County Industrial Development Agency, the titled...

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