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MEGRANT PROPS. v. PORT AUTH.

191 Misc.2d 334 (2002)

740 N.Y.S.2d 849

MEGRANT PROPERTIES, INC., Plaintiff, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Defendant.

Supreme Court, New York County.

April 17, 2002.

Attorney(s) appearing for the Case

Salamon Gruber Newman & Blaymore, P.C., Roslyn Heights (Louis W. Zapata of counsel), for plaintiff.

Milton H. Pachter, New York City, for defendant.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

The issue raised on the motions before me is whether the failure of the plaintiff to serve a notice of claim that was sworn to is fatal to the action commenced against the Port Authority of New York and New Jersey (the Authority).

Facts

On October 1, 1999, plaintiff's counsel wrote a letter to the Authority asserting a claim for unpaid services rendered of

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