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SHAHID v. CITY OF NEW YORK

50 A.D.3d 770 (2008)

855 N.Y.S.2d 612

ABDUS SHAHID et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided April 8, 2008.

Ordered that the order is affirmed, with costs.

"Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to the commencement of a tort action against the defendant[] City of New York" (Laroc v City of New York, 46 A.D.3d 760, 760 [2007]; see General Municipal Law § 50-e [1] [a]; § 50-i [1] [a]). "Although the law permits late...

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