Olijarczyk-Vega v. City of Yonkers

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Smith, J.), dated November 16, 2009, which, in effect, granted that branch of the motion of the defendant City of Yonkers which was to dismiss the complaint insofar as asserted against it for failure to serve a timely notice of claim in accordance with General Municipal Law § 50-e.

Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

The…