Polk v. City of New York

This is an application for leave to serve a notice of claim on the City of New York pursuant to the provisions of section 50-e of the General Municipal Law. Petitioners intend to bring an action against the City of New York for the alleged malpractice of a doctor in the city’s employ (General Municipal Law, § 50-d). The city objects to granting this motion on the grounds that the proposed notice does not indicate that the doctor is being joined in the action and that a notice must be served on him as well as on the city. If the doctor were to be joined, such a notice must be served on him and…