Decoteau v. City of New York

Service of a notice of claim within 90 days after accrual of the claim is a condition precedent to the commencement of a tort action against the City of New York (see General Municipal Law §§ 50-e [1] [a]; 50-i [1] [a]; Shahid v City of New York, 50 AD3d 770 [2008]; Laroc v City of New York, 46 AD3d 760 [2007]). The plaintiffs service of a late notice of claim upon the City was a nullity, as it was made without leave of the court (see Browne v New York City Tr. Auth., 90 AD3d 965 [2011]; Maxwell v City of New York, 29 AD3d 540, 541 [2006]; Small v New York City Tr. Auth., 14 AD3d 690, 691…