JOHNSON v. CITY OF NEW YORK


280 A.D.2d 271 (2001)

720 N.Y.S.2d 124

SAIVON JOHNSON, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided February 1, 2001.


Despite the inadvertent error in plaintiff's notice of claim respecting the date of her accident, defendant City acquired timely actual notice of the correct date of the accident by means of two letters to the Department of Transportation and the complaint, all served within the statutory 90-day period. Additional documents, consisting of plaintiff's bill of particulars and examination before trial, clearly indicated the correct date of accident, thereby obviating any prejudice...

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