MARENGO v. CITY OF NEW YORK


266 A.D.2d 438 (1999)

698 N.Y.S.2d 702

JOSEPH MARENGO et al., Appellants, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. VAN-TULCO, INC., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided November 22, 1999.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

A notice of claim must state "the time when, the place where and the manner in which the claim arose" (General Municipal Law § 50-e [2]). The purpose of the notice of claim requirement is to afford the municipality an adequate opportunity to timely investigate and defend against the claim (see, Adrian v Town...

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