Eagle Insurance v. City of New York

OPINION OF THE COURT

Lorraine S. Miller, J.

This property damage action arose from a motor vehicle accident on July 7, 1981 between plaintiff’s subrogor’s vehicle and a vehicle operated by the New York City Health and Hospitals Corporation. Plaintiff served a notice of claim on September 17, 1981, and a complaint on October 26, 1982, 21 days beyond the statutory period. The answer of defendant, City of New York, asserted only two defenses — contributory negligence and failure to state a cause of action (the latter without any factual data and merely pleading a conclusion of law). The matter was…