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KELLY v. CITY OF NEW YORK

117 A.D.2d 781 (1986)

Susan Kelly, Appellant, v. City of New York, Respondent

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

February 24, 1986

Order affirmed, insofar as appealed from, with costs.

The defendant's answer, dated November 22, 1978, admits that the plaintiff complied with General Municipal Law § 50-e by serving the City of New York with a timely notice of claim. This admission was allegedly made in reliance upon an affidavit of service furnished by the plaintiff to the defendant as proof of timely service. The case proceeded through discovery...

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