Adkins v. City of New York

Plaintiff, Josephine M. Adkins, seeks to recover damages against the City of New York for personal injuries and property damage sustained in a collision between a sanitation truck owned by the City of New York and her automobile.

Defendant, City of New York, moves on the eve of trial in open court to dismiss plaintiff’s case for failure to comply with section 50-e of the General Municipal Law which requires that a notice of claim be served upon the City of New York within 90 days of an accident personally or by registered mail as a condition precedent to bringing an action against a municipal…