Malcolm v. City of New York

In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated September 14, 1999, which granted the motion of the defendant City of New York to dismiss the complaint insofar as asserted against it for failure to timely serve a proper notice of claim as required by General Municipal Law § 50-e.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

On September 26, 1997, the plaintiff filed a notice of claim alleging that on July 4, 1997, at…