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SINGLETON v. CITY OF NEW YORK

55 A.D.3d 447 (2008)

865 N.Y.S.2d 600

EILEEN SINGLETON, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

October 28, 2008.

Dismissal of the complaint is warranted, since plaintiff's notice of claim was not served within 90 days of the date on which her claim arose (General Municipal Law § 50-e [1] [a]), and she failed to timely move for leave to serve a late notice of claim within one year and 90 days after the claim arose (General Municipal Law § 50-e [5]; Pierson v City of New York, 56 N.Y.2d 950, 954 [1982]). Defendants were not required...

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