CASIAS v. CITY OF NEW YORK


39 A.D.3d 681 (2007)

833 N.Y.S.2d 662

MARGERETTE CASIAS, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided April 17, 2007.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion for leave to serve a late notice of claim is denied.

General Municipal Law § 50-e requires that a notice of claim be served within 90 days after a tort claim arises against certain public and municipal corporations. This requirement is intended to protect those public and municipal corporations against stale tort claims, and to provide them with an opportunity...

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