KOBERNIK v. CITY OF NEW YORK


61 A.D.3d 483 (2009)

877 N.Y.S.2d 46

ALEXANDER KOBERNIK, Respondent, v. CITY OF NEW YORK, Appellant.

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

Decided April 14, 2009.


Plaintiff's original error in serving notices of claim on the Town of Carmel and Putnam County is excusable, based as it was on a reasonable belief that one or the other owned this roadway within the territorial jurisdiction of both, and plaintiff's subsequent delay in serving the true owner, the City of New York, is also excusable where he promptly moved to serve a late notice of claim against the City once advised by Putnam County that the site is owned by the City (

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