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BUXTON v. ZUKOFF

Index No. 160223/15. Appeal No. 14829. Case No. 2021-01602.

200 A.D.3d 511 (2021)

155 N.Y.S.3d 313

2021 NY Slip Op 06942

Jimmy Buxton et al., Plaintiffs, v. Seth D. Zukoff et al., Respondents. Seth D. Zukoff et al., Third-Party Plaintiffs-Respondents, v. Raphaelson & Levine Law Firm, P.C., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

Winget, Spadafora & Schwartzberg, LLP, New York ( Anthony D. Green of counsel), for appellant.

Kennedys CMK, New York ( Hilary F. Simon of counsel), for respondents.

Concur— Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

The injured plaintiff claims that defendants Seth Zukoff and his law firm (together, Zukoff) failed to timely file a notice of claim against the appropriate parties regarding his motor vehicle accident involving a Nassau County public bus on November 7, 2012. Pursuant to General Municipal Law § 50-e, the notice of claim should have been served within 90 days, or by February 5, 2013. On July 16, 2013, plaintiffs discharged Zukoff as counsel and retained third-party defendant...

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