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SANTIAGO v. CITY OF NEW YORK

294 A.D.2d 483 (2002)

742 N.Y.S.2d 566

FRANKIE L. SANTIAGO, Appellant, v. CITY OF NEW YORK, Respondent, et al., Defendant.

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

Decided May 20, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

In his motion for leave to serve a late notice of claim, the plaintiff conceded that his original notice of claim was served on the defendant City of New York four days late. Thus, the late service of the original notice of claim was a nullity since it was made without leave of the court (see Kokkinos v Dormitory Auth. of State of N.Y., 238 A.D.2d 550

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