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SLEMISH CORP. S.A. v. MORGENTHAU

Index Nos. 109226/07, 109227/07, 590866/10, 590867/10. Appeal Nos. 12651-12651A-12651B-12651C. Case No. 2019-04716.

192 A.D.3d 465 (2021)

144 N.Y.S.3d 164

2021 NY Slip Op 01370

Slemish Corp. S.A., Appellant, v. Robert M. Morgenthau, Respondent. Tupi Cambios S.A., Appellant, v. Robert M. Morgenthau, Respondent. (And a Third Party-Action.).

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

Decided March 9, 2021.

Attorney(s) appearing for the Case

Friedman Kaplan Seiler & Adelman LLP, New York ( Robert S. Smith of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Madeleine Guilmain of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Singh, Kennedy, JJ.

Plaintiffs' claim for money had and received is barred by their failure to file a notice of claim.* Defendant argues that a notice of claim was required by General Municipal Law § 50-k(6) and County Law § 52. General Municipal Law § 50-k, entitled "Civil actions against employees of the city of New York," provides, at subsection (6): "Every action or proceeding instituted hereunder, including an action brought to enforce a provision...

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