Adkins v. City of New York

OPINION OF THE COURT

Jasen, J.

In this personal injury action arising out of a collision between plaintiff’s automobile and a sanitation truck owned by defendant City of New York, the issue presented for our review is whether a notice of claim sent by ordinary mail and received by the city more than 90 days after the accident was effective service within the meaning of section 50-e of the General Municipal Law.

*349It is claimed that plaintiff’s car collided with a city sanitation truck on November 12, 1969. A notice of claim upon the city was sent by ordinary mail on February 10, 1970, the 90th day…