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LABOY v. CITY OF NEW YORK

6120 17190/99.

159 A.D.3d 632 (2018)

74 N.Y.S.3d 524

2018 NY Slip Op 02244

GEORGE LABOY, as Executor of the Estate of CARMEN FIGUEROA, Deceased, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 29, 2018.

The failure of plaintiff's decedent to file any notice of the discrimination claims which are asserted in this action was fatal to the claims against defendants (see Education Law § 3813 [1]). Defendants did not waive this defense, as they raised it before the court of original jurisdiction (see Flanagan v Board of Educ., Commack Union Free School Dist., 47 N.Y.2d 613, 617 [1979]; Robinson v Board of Educ. of City...

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