(DOWNLOAD) "Frances Lupo v. City New York" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Frances Lupo v. City New York
- Author : Supreme Court of New York
- Release Date : January 09, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
DECISION & ORDER Contrary to the plaintiff's contentions, the Supreme Court properly granted the defendant's motion to
dismiss the action based on the defective nature of the plaintiff's notice of claim (General Muncipal Law § 50-e). The record
reveals that the plaintiff's notice of claim was patently deficient in that it: (1) failed to describe the nature of the street
defect which allegedly caused the plaintiff's so-called "slip and fall" accident, and (2) misdescribed the street location
of the accident site. Significantly, this court has recognized that claims based upon sidewalk conditions require an even
greater particularity of description in order to comport with the mandate of the General Municipal Law (see, e.g., Caselli
v City of New York, 105 A.D.2d 251, 253). Under the circumstances, and where the plaintiff's application to amend her notice
of claim was made some 10 years after the original claim was filed, it cannot be said that the Supreme Court erred in denying
her application and granting the defendant's motion to dismiss (cf., Levine v. City of New York, 111 A.D.2d 785). LAWRENCE J. BRACKEN, J.P., CHARLES B. LAWRENCE, JOSEPH J. KUNZEMAN, SYBIL HART KOOPER, JJ., concur.
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