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MATTER OF PALISAY v. CITY OF NEW YORK

2018-00446, Index No. 85144/17.

172 A.D.3d 1379 (2019)

99 N.Y.S.3d 651

2019 NY Slip Op 04172

In the Matter of Grace Palisay, Appellant, v. City of New York et al., Respondents.

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

Decided May 29, 2019.

Ordered that the order is affirmed, with costs.

Timely service of a notice of claim is a condition precedent to a lawsuit sounding in tort against a public corporation (see Matter of Bermudez v City of New York, 167 A.D.3d 733 [2018]). Pursuant to General Municipal Law § 50-e (5), upon application, the Supreme Court, in its discretion, may extend the time to serve a notice of claim upon a public corporation as required...

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