Legal Opinion

Krieger v. City of New York

New York Supreme Court

Decided February 28, 1983PublishedCited by 4 opinions

1Opinion of the Court

opinion of the court

Sol R. Dunkin, J.

This is a motion by defendant for an order dismissing the complaint for failure to serve a timely notice of claim as required by section 50-e of the General Municipal Law.

Section 50-e of the General Municipal Law requires that a notice of claim be served within 90 days after the claim arises by personal service or by registered or certified mail (§ 50-e, subd 1, par [a]; subd 3, par [a]) and provides that in the case of registered or certified mail, service is complete when properly mailed (§ 50-é, subd 3, par [b]).

Plaintiff claims that service was made by…

2Cases cited3 opinions

  1. Trusts & Guarantee Co. v. BarnhardtNew York Court of Appeals · 1936
  2. News Syndicate Co. v. Gatti Paper Stock Corp.New York Court of Appeals · 1931
  3. Dulberg v. Equitable Life Assurance Society of the United StatesNew York Court of Appeals · 1938

3Cited by4 opinions

  1. Rosa v. Board of Examiners of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
  2. Cohen v. BanksJustice Court of Village of South Nyack · 1994
  3. Bartolotta v. County of WyomingAppellate Division of the Supreme Court of the State of New York · 1996
  4. New York Telephone Co. v. Columbia CountyAppellate Division of the Supreme Court of the State of New York · 1986

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