Robert Nioras, appellant, v. Village of Rye Brook, et al., respondents. (2010)

Argued-May 25, 2010

DECISION & ORDER

In an action, inter alia, to recover damages for unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Westchester County (Scheinkman, J.), entered June 23, 2009, which granted the defendants' motion for summary judgment dismissing the complaint for failure to comply with CPLR 9802, and denied his cross motion, inter alia, for summary judgment on the complaint.

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the notice of claim requirements of CPLR 9802 apply to this action (see CPLR 9802;  Solow v. Liebman, 175 A.D.2d 867, 868-69;  see also Greco v Incorporated Vil. of Freeport, 223 A.D.2d 674;  Martz v Incorporated Vil. of Val. Stream, 210 A.D.2d 205;  Nassau County v Incorporated Vil. of Roslyn, 182 A.D.2d 678, 679).   Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint for failure to comply with CPLR 9802.

In light of our determination, we need not reach the plaintiff's remaining contentions.

FISHER, J.P., SANTUCCI, MILLER and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court