Londino v. Bank of New York

Full title: LILLIAN LONDINO, Respondent, v. BANK OF NEW YORK, Appellant, and VILLAGE…

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

Date published: Jul 27, 1987

132 A.D.2d 688 (N.Y. App. Div. 1987)

Opinion

July 27, 1987

Appeal from the Supreme Court, Nassau County (Levitt, J.).

Ordered that the order is affirmed, with costs to the defendant-respondent.

Special Term properly concluded that the plaintiff's failure to serve the requisite written notice pursuant to Village Law § 6-628 acts as a bar to both the plaintiff's claims against the defendant Village of Valley Stream (see, Parella v. Levin, 111 A.D.2d 750), and to the cross claim interposed against the village by the codefendant Bank of New York (see, Barry v. Niagara Frontier Tr. Sys., 35 N.Y.2d 629, 633). Lawrence, J.P., Kunzeman, Kooper and Spatt, JJ., concur.