GLOGER v. CITY OF NEW YORK


128 Misc.2d 194 (1985)

Lillian Gloger, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Special Term, Kings County.

April 30, 1985


Attorney(s) appearing for the Case

Ronald James D'Angelo for plaintiff. Frederick A. O. Schwarz, Jr., Corporation Counsel (Janice Kabel of counsel), for defendants.


LEWIS L. DOUGLASS, J.

Plaintiff filed a notice of claim against the City of New York on May 22, 1984. The city then scheduled a hearing on that notice for May of 1985, more than 11 months later and just 24 days before the Statute of Limitations would have run against the plaintiff.

Since General Municipal Law § 50-h provides that no action shall be commenced against the city until a hearing is held, the question becomes whether the city,...

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