Ordered that the order is affirmed insofar as appealed from, with costs.
Gordon Lumbra was employed by Don Stevens Tire Co. in Connecticut to collect used tires from a Brooklyn garage owned by the defendant City of New York Department of Sanitation. He fell from a loading dock in the garage on May 31, 2001, severely injuring his foot.
On August 29, 2001, a date prior to the expiration of the 90-day period set out in General Municipal Law 50-e (1) (a), Lumbra...
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