Freeman v. New York City Housing Authority

Plaintiff sustained injury on September 15,1958. Notice of claim was given by certified mail on October 27, 1958. It was timely, but the notice was not given by registered mail or personally, as required by section 50-e of the General Municipal Law. Issue was joined on February 6, 1959 and plaintiff was examined before trial, on May 29, 1959, but prior to institution of action and after service of the notice, the plaintiff, as claimant, was not examined.

The defendant now moves for summary judgment dismissing the complaint, upon its defense that the notice of claim was not made in accordance…