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PLUCHINO v. VILLAGE OF WALDEN

63 A.D.3d 897 (2009)

880 N.Y.S.2d 545

JOHN P. PLUCHINO et al., Appellants, v. VILLAGE OF WALDEN, Respondent.

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

Decided June 16, 2009.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The plaintiffs commenced this action after sewage backup flooding caused extensive damage to their property on April 15, 2007. The Supreme Court granted the motion of the defendant, Village of Walden, for summary judgment dismissing the complaint based upon the plaintiffs' failure to comply with the Village's prior written notice law...

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