Clair v. City of Utica

This is -a motion commenced by Richard Clair, seeking an order pursuant to subdivision 5 of section 50-e of the General Municipal Law, granting him leave to serve a proposed notice of claim after the expiration of the statutory period set forth in subdivision 1 of section 50-e. Subdivision 1, in substance, states that a notice of claim is required as a condition precedent to the commencement of an action against a public corporation; and further provides that the notice shall be given within 90 days after the claim arises.

Subdivision 5 allows this court, in its discretion, to grant leave to…