Robinson v. City of New York

Stevens, J. (dissenting).

I dissent and vote to affirm. Under the statute (General Municipal Law, § 50-i, subd. 1) the action against the defendant was time-barred. The majority view recognizes this, but invokes the doctrine of equitable estoppel. I fail to see how it properly may be applied here. Section 50-e of the General Municipal Law requires in a case founded upon tort, where a notice of claim is required by law a's a condition precedent to the commencement of an action, that such notice be given within 90 days after the claim arises. If the city desires an examination relative to the…