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DONAS v. CITY OF NEW YORK

62 A.D.3d 504 (2009)

878 N.Y.S.2d 360

HARRY DONAS, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

May 14, 2009.

Although plaintiff's claim accrued no later than September 2003, when he allegedly was told that he would never be promoted, plaintiff failed to serve defendants with a notice of claim within 90 days thereafter, as required by General Municipal Law § 50-e (1) (a). He did not serve his notice of claim until January 26, 2005. Nor did plaintiff seek permission to file a late notice of claim (see General Municipal Law &...

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