Acevedo v. City of New York Department of Transportation

Appellate Division of the Supreme Court of New York

Acevedo v. City of New York Department of Transportation

227 A.D.2d 245, 642 N.Y.S.2d 291, 1996 N.Y. App. Div. LEXIS 5201

Appellate Division of the Supreme Court of the State of New York·Decided May 16, 1996·Published·Cited by 3 cases

Opinion

Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about February 8, 1995, which denied plaintiff’s motion for leave to file a late notice of claim against the City of New York nunc pro tunc, and granted defendant City’s cross motion to dismiss the complaint as against it for failure to comply with General Municipal Law §§ 50-e and 50-i, unanimously affirmed, without costs.

That defendant Department of Transportation failed to bring to plaintiff’s attention, after plaintiff served a notice of claim upon it, that the notice was improperly served, does not give rise to an' estoppel claim (Kroin v City of New York, 210 AD2d 95). We have considered plaintiff’s other contention and find it to be without merit. Concur — Rosenberger, J. P., Rubin, Kupferman, Nardelli and Tom, JJ.

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Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about February 8, 1995, which denied plaintiff’s motion for leave to file a late notice of claim against the City of New York nunc pro tunc, and granted defendant City’s cross motion to dismiss the complaint as against it for failure to comply with General Municipal Law §§ 50-e and 50-i, unanimously affirmed, without costs.

That defendant Department of Transportation failed to bring to plaintiff’s attention, after plaintiff served a notice of claim upon it, that the notice was improperly served, does not give rise to an' estoppel claim (Kroin v City of New York, 210 AD2d 95). We have considered plaintiff’s other contention and find it to be without merit. Concur — Rosenberger, J. P., Rubin, Kupferman, Nardelli and Tom, JJ.

Acevedo v. City of New York Department of Transportation, 227 A.D.2d 245, 642 N.Y.S.2d 291, 1996 N.Y. App. Div. LEXIS 5201 (N.Y. Ct. App. 1996).

Pincite

227 A.D.2d 245 (Acevedo v. City of New York Department of Transportation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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