Hochberg v. City of New York

Order of the Supreme Court, Bronx County (Anthony J. Mercorella, J.), entered on June 24, 1983, which granted plaintiff’s motion to serve a late notice of claim nunc pro tunc, is reversed, on the law, the motion denied and the complaint dismissed, without costs or disbursements. H On October 23, 1980 at approximately 2:30 a.m., plaintiff was driving his taxicab on the Bruckner Expressway when it developed a fiat tire near the East 149th Street exit. He halted the vehicle in the far left lane of the highway to change the tire and use an emergency telephone located close by. When plaintiff…