Bayne v. City of New York

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered September 4, 2014, which granted defendant City’s motion to dismiss the complaint for plaintiff’s failure to comply with General Municipal Law § 50-i (1), and denied plaintiff’s cross motion for leave to amend the complaint, unanimously affirmed, without costs.

Thirteen days before the expiration of the one-year-and-90day statute of limitations for commencing a personal injury action against the City (General Municipal Law § 50-i [1]), plaintiff sought leave to file a late notice of claim. The City did not oppose the…