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DERICO v. CITY OF NEW YORK

66 A.D.2d 740 (1978)

Jerome Derico, an Infant, by His Parent and Natural Guardian, Harriet Derico, et al., Respondents, v. City of New York, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 21, 1978

Permission to file belatedly a notice of claim was improperly granted. (Matter of Beary v City of Rye, 44 N.Y.2d 398, 413.) The two reinstated defenses are based on section 50-e of the General Municipal Law, compliance with which is predicate to action against the city. For whatever reason, defendant-appellant city has elected not to brief its appeal in respect of the first affirmative defense of Statute of Limitations and it is...

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