WASHINGTON v. CITY OF NEW YORK


138 A.D.2d 235 (1988)

Gregory Washington, Appellant, v. City of New York, Respondent

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

March 1, 1988


Milonas and Smith, JJ., dissent in a memorandum by Smith, J., as follows:

I would reverse and remand for a hearing to determine whether actual notice was received by the city. Plaintiff was allegedly injured on or about May 21, 1985 when a building owned by the city collapsed. At the time, work was allegedly being done on the premises by Cross Bay Demolition Company pursuant to a contract with the city.

In his motion to file a late notice of claim, a motion...

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