BURGOS v. CITY OF NEW YORK


294 A.D.2d 177 (2002)

742 N.Y.S.2d 39

ROBERT BURGOS, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided May 14, 2002.


Plaintiff did not serve a notice of claim until more than a year after the cause of action accrued, and did not request leave to serve a late notice of claim until the instant motion to dismiss was made more than seven years after the cause of action accrued and some six years after commencement of the action. Plaintiff argues that such request was timely since the year and 90 days he had to make it, measured from accrual of the...

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