Practice point: The notice is not a condition precedent to a cause of action, asserted pursuant to 42 USC § 1983, which seeks to recover damages premised on violations of federal civil or constitutional rights under color of state law.
Students should note that timely service of the notice is a condition precedent to a lawsuit sounding in tort and commenced against a municipality.
Rowe v. NYCPD , NY Dept. 2011
Tomorrow's issue is examinations before trial.
