Notice of claim.

Practice point: Service of the notice within 90 days after accrual of the claim is a condition precedent for commencing a tort action against the defendant town, pursuant to General Municipal Law §§ 50-e[1][a], 50-i[1].

Students should note that a late notice, served without leave of the court, is a nullity.

Carafora v. Town of Newburgh, NY Slip Op 03197 (2d Dept. 2011).

Here is the decision.

Tomorrow's issue is Labor Law § 240(1).