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CROCE v. CITY OF NEW YORK

2012, 102208/08

69 A.D.3d 488 (2010)

893 N.Y.S.2d 48

2010 NY Slip Op 382

FRANK CROCE, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided January 19, 2010.

Plaintiff's service of an admittedly late notice of claim was a nullity (McGarty v City of New York, 44 A.D.3d 447, 448 [2007]), and his failure to seek a court order excusing such lateness within the time limited for commencement of the action (General Municipal Law § 50-e [5]), i.e., within one year and 90 days after the happening of the accident (General Municipal Law § 50-i [1] [c]), requires dismissal of the action...

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