Practice point: The notice is sufficient if the public entity is able to locate the place and fix the time of the accident, and to understand its nature.
Practitioners should note that, on a motion to dismiss for insufficiency, a court may consider the testimony provided during the § 50-h hearing, and any other evidence before it.
Case: Parker-Cherry v. New York City Hous. Auth., NY Slip Op 04037 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
You will find another instructive case here.
