Washington v. City of New York

Milonas and Smith, JJ.,

dissent in a memorandum by Smith, J., as follows: I would reverse and remand for a hearing to determine whether actual notice was received by the city. Plaintiff was allegedly injured on or about May 21, 1985 when a building owned by the city collapsed. At the time, work was allegedly being done on the premises by Cross Bay Demolition Company pursuant to a contract with the city.

In his motion to file a late notice of claim, a motion made in August 1986, plaintiff alleges that the city had actual notice of the facts constituting the claim because of (1) the presence of…