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DORCE v. UNITED RENTALS NORTH AMERICA, INC.

2009-10333.

78 A.D.3d 1110 (2010)

915 N.Y.S.2d 79

ASTREL DORCE et al., Appellants, v. UNITED RENTALS NORTH AMERICA, INC., Defendant, and COWAN DENOCHY, Respondent.

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

Decided November 30, 2010.

Ordered that the order is affirmed, with costs.

The failure to timely serve a notice of claim in a tort action against an employee of a municipality who was acting within the scope of his public employment and in the discharge of his duties when the tort allegedly was committed requires dismissal of the complaint (see General Municipal Law § 50-i; Davidson v Bronx Mun. Hosp., 64 N.Y.2d 59, 61-62 [1984]; ...

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