Walter v. City of New York

— In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated December 21, 1987, which denied their motion to deem a certain notice of claim to have been served nunc pro tunc on the defendant on November 25, 1986 rather than on November 26, 1986.

Ordered that the order is affirmed, with costs.

The plaintiff Elaine Walter was allegedly injured when she fell on a sidewalk curb allegedly designed by the defendant in a defective manner. The plaintiffs served their notice of claim on the Comptroller of the…