JORDAN v. CITY OF NEW YORK


41 A.D.3d 658 (2007)

838 N.Y.S.2d 624

GEORGE JORDAN, Respondent, v. CITY OF NEW YORK, Appellant, et al., Defendant.

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

Decided June 19, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs. "To commence a tort action against a municipality, a claimant must serve a notice of claim within 90 days of the alleged injury (see General Municipal Law § 50-e [1] [a]). Pursuant to General Municipal Law § 50-e (5), the court may, in its discretion, extend the time to serve a notice of claim (see Matter of Lodati v City of New York, 303 A.D.2d 406

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