Ellman v. Village of Rhinebeck
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*415In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated December 23, 2004, which denied her motion, inter alia, to deem the notice of claim served nunc pro tunc upon the Village of Rhinebeck, and dismissed the complaint insofar as asserted against the Village of Rhinebeck.
Ordered that the order is affirmed, with costs.
The plaintiffs late service of a notice of claim upon the Village of Rhinebeck was a nullity because it was made without leave of the court (see Alston v Aversano, 24 AD3d 399 [2005];…
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