Legal Opinion

Foster v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 2013Published

1Opinion of the Court

In an action to recover damages for injury to property, the plaintiff appeals from an order of the Supreme Court, Queens County (Flug, J.), entered December 3, 2012, which granted the defendants’ motion to dismiss the complaint on the ground that the notice of claim did not comply with General Municipal Law § 50-e (2).

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the Supreme Court properly granted the defendants’ motion to dismiss the complaint based on his failure to allege in the notice of claim the time, including a date, when his claim against the…

2Cases cited2 opinions

  1. Levine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Tully v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 2013

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