Robinson v. Village of Lancaster

Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed. Memorandum: Special Term erred by denying defendant’s cross motion to dismiss plaintiff’s complaint for failure to file a timely notice of claim. Plaintiff did not serve a notice of claim within 90 days of the accident and did not move for permission to serve a late notice of claim within one year and 90 days following the accident (General Municipal Law § 50-e [5]; Pierson v City of New York, 56 NY2d 950, 954). Plaintiff argues that, because the Statute of Limitations was tolled…