Mitchell v. City of New York

Order of the Supreme Court, New York County (Harold Tompkins, J.), entered on April 18, 1986, which denied both plaintiffs motion to strike defendant’s answer and defendant’s cross motion to dismiss the complaint for failure to comply with General Municipal Law § 50-e, is unanimously modified, on the law and facts, solely to the extent of granting defendant’s cross motion, and otherwise affirmed, without costs or disbursements.

On January 18, 1985, the plaintiff, who had allegedly sustained injuries as a result of a fall on the street, served a notice of claim upon the Comptroller of defendant…