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TERESTA v. CITY OF NEW YORK

277 A.D. 787 (1950)

Giacinto Teresta, Appellant, v. City of New York, Respondent, et al., Defendants

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

May 15, 1950.

Judgment unanimously affirmed, without costs.

Service of a notice of claim by ordinary mail instead of by registered mail is not a compliance with section 50-e of the General Municipal Law, even though received within the sixty-day period prescribed by that section and no prejudice to the municipality is shown. (Cf. Wiegand v. City of New York, 273 App. Div. 1025.) The acts of respondent did not constitute a waiver of the requirements of that section. (Forsyth...

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