MILLER v. CITY OF NEW YORK

6146, 112216/09.

89 A.D.3d 612 (2011)

933 N.Y.S.2d 36

2011 NY Slip Op 8495

ADAM MILLER, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided November 22, 2011.


A notice of claim is required as a condition precedent to commencing an action against an employee of the New York City Department of Education (Education Law § 3813 [2]; General Municipal Law § 50-i), when, as in this case, the conduct complained of was engaged in as part of defendant's employment or in the scope of her employment (Radvany v Jones, 184 A.D.2d 349 [1992]; see also Hale v Scopac,

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