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McGARTY v. CITY OF NEW YORK

44 A.D.3d 447 (2007)

843 N.Y.S.2d 287

WILLIAM D. McGARTY, Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided October 16, 2007.

Executive Order (Pataki) No. 113.7 (9 NYCRR 5.113.7), temporarily suspending, inter alia, local laws and ordinances establishing limitations of time for the filing or service of, inter alia, any notice or process "that the courts lack authority to extend through the exercise of discretion," does not apply to notices of claim required as a condition precedent to suit against defendant under General Municipal Law § 50-i. As the motion court explained, the Executive Order...

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