King v. City of New York

Order, Supreme Court, New York County (M. Evans, J.), entered on May 19, 1981, which denied plaintiff-appellant’s motion for a default judgment for failure to timely serve an answer, and granted the defendant’s (city) cross motion to dismiss the complaint for failure to timely serve a notice of claim, is unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of denying defendant’s cross motion, the notice of claim is deemed to have been timely filed, and otherwise affirmed, without costs. On March 9, 1979, plaintiff, who was socializing with several…