White v. City of New York

Claimant was injured on July 16, 1953, by a policeman’s horse while watching a parade at Fifth Avenue and Fifty-Seventh Street. She served a notice of claim against the City of New York on October 15, 1953, asserting the negligent causation of her injury. This was ninety-one days after the occurrence.

The applicable statute, section 50-e of the General Municipal Law, requires in a case founded on tort where notice of claim is a condition precedent to the institution of an action, that such *70notice" shall be given within ninety days after the claim arises. ’ ’ The notice here was served,…