ADKINS v. CITY OF NEW YORK


43 N.Y.2d 346 (1977)

Josephine Adkins, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 21, 1977.


Attorney(s) appearing for the Case

Robert M. Trien and Philip Handelman for appellant.

W. Bernard Richland, Corporation Counsel (Donald J. Dawidoff, L. Kevin Sheridan and Bernard Burstein of counsel), for respondent.

Judges JONES, WACHTLER and COOKE concur with Judge JASEN; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judges GABRIELLI and FUCHSBERG concur.


JASEN, J.

In this personal injury action arising out of a collision between plaintiff's automobile and a sanitation truck owned by defendant City of New York, the issue presented for our review is whether a notice of claim sent by ordinary mail and received by the city more than 90 days after the accident was effective service within the meaning of section 50-e of the General Municipal Law.

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