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VARGAS v. CITY OF NEW YORK

217 A.D.2d 409 (1995)

628 N.Y.S.2d 1016

Judith Vargas, Respondent-Appellant, v. City of New York, Appellant-Respondent

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

July 6, 1995

Tom, J., dissents in a memorandum as follows:

I respectfully dissent and would modify the judgment of the IAS Court to the extent of vacating that portion of the judgment awarding plaintiff damages for conscious pain and suffering and dismissing that cause of action. I find that the IAS Court erred in concluding that the 90-day period for filing the Notice of Claim had been tolled "at least until the time within which such a Notice was actually served...

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