BOBKO v. CITY OF NEW YORK

8461, 105908/10, 8462.

100 A.D.3d 439 (2012)

953 N.Y.S.2d 214

JAMES BOBKO, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

November 8, 2012.


Plaintiff's notice of claim, filed on June 11, 2009, contained an accident date of March 18, 2009. He then moved to change the date of the accident from March 18, 2009 to March 9, 2009. Plaintiff essentially sought an order deeming the notice of claim timely served nunc pro tunc. Given the accident date of March 9, 2008, plaintiff's service of the notice of claim, however, was untimely by three days (see General Municipal Law § 50-e [1]

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