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PEREZ v. CITY OF NEW YORK

133 Misc.2d 1083 (1986)

In the Matter of Antonio Perez et al., Petitioners, v. City of New York, Respondent.

Supreme Court, New York County.

December 4, 1986

Attorney(s) appearing for the Case

Moskowitz, Passman & Edelman (Jeffrey M. Motelson of counsel), for petitioners. Frederick A. O. Schwarz, Jr., Corporation Counsel (John Byrnes of counsel), for respondent.

DAVID B. SAXE, J.

On May 16, 1985, Ivan Perez and Antonio Perez, petitioners in this matter, were the owners of a 1979 Chevrolet taxi that was parked on 58th Street and Sutton Place in Manhattan. A New York City sanitation truck apparently backed up and struck the taxi causing property damage in the sum of $886.20.

It is undisputed that a notice of claim was not filed within the 90-day statutory period...

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