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NEEDLEMAN v. McFADDEN

Index No. 101048/19. Appeal No. 14246. Case No. 2020-04291.

197 A.D.3d 1070 (2021)

152 N.Y.S.3d 291

2021 NY Slip Op 05170

Jerry S. Needleman, Appellant, v. Michael McFadden et al., Respondents.

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

Decided September 30, 2021.

Attorney(s) appearing for the Case

Jerry S. Needleman, appellant pro se.

Georgia M. Pestana , Corporation Counsel, New York ( Elizabeth I. Freedman of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Rodriguez, Higgitt, JJ.

Service of a notice of claim is a condition precedent to assertion of a tort claim against a municipal corporation (see General Municipal Law §§ 50-e[1][a]; 50-i[1]; Davidson v Bronx Mun. Hosp., 64 N.Y.2d 59, 61 [1984]). The notice of claim requirement applies as well to claims against municipal employees, like defendants here (see Young v New York City Health & Hosps. Corp., 147 A.D.3d...

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