De Stefano v. City of New York

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. The physical disability of the *1043claimant was not such as to excuse his failure to serve a notice of claim within the time limited therefor. It appears that the claimant conferred with his attorney several times during the period of ninety days following the happening of the alleged accident. The statute (General Municipal Law, § 50-e, subd. 2) requires that the notice shall set forth, among other things, the nature of the claim and the time and place where it arose. Provision is further made…