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Administrative Law

Appellate Division, Fourth Department
Uncategorized

Village of Allegany v. City of Olean — All Counterclaims Dismissed for Notice-of-Claim Deficiency

The Fourth Department dismissed all of the City of Olean’s counterclaims against the Village of Allegany, holding that CPLR 9802’s notice-of-claim requirements apply to counterclaims and declaratory-relief theories, and that a notice limited to breach of contract cannot sustain claims premised on contract expiration, quantum meruit, or unjust enrichment.

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