Palagashvili v. City of New York

In an action to recover damages for personal injuries, the defendant City of New York appeals from an order of the Supreme Court, Queens County (Flug, J.), dated February 28, 2005, which denied its motion, inter aha, pursuant to CPLR 3211 (a) (7) to dismiss the complaint and all cross claims insofar as asserted against it for failure to serve a timely notice of claim pursuant to General Municipal Law § 50-e, and granted the plaintiff’s cross motion, among other things, to deem the notice of claim timely served nunc pro tunc.

Ordered that the order is reversed, on the law, with costs to the…