Carty v. Davis

The plaintiff was injured in an automobile accident on August 6, 1983, and his notice of claim against the intervenor MVAIC was not filed with the MVAIC until November 16, 1984, over 15 months later. Pursuant to Insurance Law § 5208 (a), the plaintiff was obligated to file a notice of claim based on the uninsured status of the motorists involved within 90 days of the accrual of the cause of action. The plaintiff nevertheless argues that he was entitled to file a late notice of claim, since he mistakenly relied on erroneous information from the New York State Department of Motor Vehicles and…