Austin v. City of Yonkers

In an action to recover damages for personal injuries, the defendant, City of Yonkers, appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), entered June 21, 1996, which granted the plaintiffs motion for leave to serve an amended notice of claim and denied its cross motion to dismiss the complaint.

Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.

On or about June 11, 1991, the plaintiff served a notice of claim alleging that on May 31, 1991, he…