SILBERNAGEL v. CITY OF NEW YORK


85 A.D.2d 586 (1981)

Gloria Silbernagel et al., Appellants, v. City of New York, Respondent

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

December 29, 1981


Plaintiff, injured on May 4, 1976, allegedly as a result of a sidewalk fall which necessitated two operations, filed a notice of claim on the City of New York on August 3, 1976, one day past the 90-day limit as prescribed in section 50-e (subd 1, par [a]) of the General Municipal Law (as amd by L 1976, ch 745, § 2). A summons and complaint were served on April 12, 1977. Issue was joined on August 24, 1977, by service of an answer which included an affirmative defense...

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