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SUTTER v. REYES

60 A.D.3d 448 (2009)

874 N.Y.S.2d 120

MARIA SUTTER, Respondent, v. WINSTON REYES et al., Defendants, and CITY OF NEW YORK, Appellant.

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

Decided March 10, 2009.

Plaintiff, was injured on October 31, 2004, and served the City of New York with a notice of claim on December 7, 2004. Thereafter, a General Municipal Law § 50-h hearing was held. When plaintiff's process server attempted to serve the City he delivered the initiatory papers to the wrong government entity, namely, the New York State Office of the State Deputy Comptroller. Thus, plaintiff failed to serve the City. Plaintiff...

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