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MING v. CITY OF NEW YORK

54 A.D.3d 1011 (2008)

LESLIE MING, Respondent, v. CITY OF NEW YORK et al., Appellants. (And a Third-Party Action.)

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

September 30, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff alleges that he was injured when his car struck a Consolidated Edison access port that was higher than the roadway, which had been milled in preparation for repaving. The defendants met their burden of establishing that the plaintiff's notice of claim did not substantially comply with the requirements of General Municipal Law § 50-e (2) in that it failed to correctly identify...

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