Croce v. City of New York

Plaintiffs service of an admittedly late notice of claim was a nullity (McGarty v City of New York, 44 AD3d 447, 448 [2007]), and his failure to seek a court order excusing such lateness within the time limited for commencement of the action (General Municipal Law § 50-e [5]), i.e., within one year and 90 days after the happening of the accident (General Municipal Law § 50-i [1] [c]), requires dismissal of the action (McGarty, supra). We reject plaintiff s argument that, by virtue of CPLR 306-b, his time to. seek leave to serve a late notice of claim was extended until 120 days after the…