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MATTER OF ROBINSON v. CITY OF NEW YORK

2020-08466. Index No. 721070/19.

208 A.D.3d 587 (2022)

173 N.Y.S.3d 307

2022 NY Slip Op 04915

In the Matter of Carlos Robinson, Appellant, v. City of New York et al., Respondents.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Raskin & Kremins, LLP, New York, NY (Michael F. Kremins of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Jeremy W. Shweder and Eva L. Jerome of counsel), for respondents.

Connolly, J.P., Maltese, Wooten and Genovesi, JJ., concur.

Ordered that the order is affirmed, with costs.

Pursuant to General Municipal Law § 50-e(1)(a), a party seeking to sue a public corporation must serve a notice of claim on the prospective defendant within 90 days after the claim arises (see Matter of Newcomb v Middle Country Cent. Sch. Dist., 28 N.Y.3d 455, 460 [2016]). "In determining whether to grant a petition for leave to serve a late notice of claim or to deem a...

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