KRIEGER v. CITY OF NY


118 Misc.2d 537 (1983)

Frances Krieger, Plaintiff, v. City of New York, Defendant.

Supreme Court, Special Term, Queens County.

February 28, 1983


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Seth D. Bylofsky and David Dolinsky of counsel), for defendant. Sager & Gellerman (Audrey Sager and Steven Gellerman of counsel), for plaintiff.


SOL R. DUNKIN, J.

This is a motion by defendant for an order dismissing the complaint for failure to serve a timely notice of claim as required by section 50-e of the General Municipal Law.

Section 50-e of the General Municipal Law requires that a notice of claim be served within 90 days after the claim arises by personal service or by registered or certified mail (§ 50-e, subd 1, par [a]; subd 3, par [a]) and provides that in the case of...

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