Practice point: Filing a police accident report with the New York City Department of Transportation does not constitute notice of claim to the City.
Practitioners should note that law office failure, standing alone, is insufficient to justify serving an unauthorized late notice of claim five months after the expiration of the 90-day statutory period of General Municipal Law § 50-e.
Case: Gobardhan v. City of New York, NY Slip Op 05961 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
