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EAGLE INS v. CITY OF NY

120 Misc.2d 188 (1983)

Eagle Insurance Co., Plaintiff, v. City of New York (New York City Health and Hospitals Corporation), Defendant.

Civil Court of the City of New York, Special Term, Kings County.

June 28, 1983

Attorney(s) appearing for the Case

Dillon, Haber & Dillon (Frank L. Shernoff of counsel), for plaintiff. Frederick A. O. Schwarz, Jr., Corporation Counsel (Laura Shapiro of counsel), for defendant.

LORRAINE S. MILLER, J.

This property damage action arose from a motor vehicle accident on July 7, 1981 between plaintiff's subrogor's vehicle and a vehicle operated by the New York City Health and Hospitals Corporation. Plaintiff served a notice of claim on September 17, 1981, and a complaint on October 26, 1982, 21 days beyond the statutory period. The answer of defendant, City of New York, asserted only two defenses — contributory negligence...

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