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CEDANO v. CITY OF NEW YORK

74 A.D.2d 518 (1980)

Esteban E. Cedano, Respondent, v. City of New York, Appellant, et al., Defendant

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

February 14, 1980

According to plaintiff's affirmation the accident occurred on May 14, 1977. The notice of claim was filed on December 29, 1977, 229 days after the date of the accident and 139 days after the expiration of the 90-day statutory period. The notice of claim alleges that plaintiff's vehicle was damaged as a result of striking a cracked portion of the roadway, and that while plaintiff was examining the car it went out of control as a result of the damage sustained in the accident...

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