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BOVICH v. E. MEADOW PUB. LIB.

16 A.D.3d 11 (2005)

789 N.Y.S.2d 511

MARGARET M. BOVICH, Appellant, v. EAST MEADOW PUBLIC LIBRARY, Respondent.

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

February 7, 2005.

Attorney(s) appearing for the Case

Rosenthal Curry & Kranz, LLP, East Meadow (Patrick W. Curry of counsel), for appellant.

Hoffman & Behar, LLP, Mineola (Warren S. Hoffman of counsel), and Mischel, Neuman & Horn, PC, New York City (Scott T. Horn of counsel), for respondent.

ADAMS, J.P., COZIER and RIVERA, JJ., concur.

OPINION OF THE COURT

S. MILLER, J.

This appeal presents the opportunity to resolve an issue of municipal law that has not heretofore been explicitly addressed by any court of this state. Before suing a public library in tort for damages for personal injury, must the plaintiff comply with the notice of claim requirements of General Municipal Law § 50-e ? We answer this question, as did the Supreme Court, in the affirmative. Having done so, however, we...

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