Practice point: Service of a notice of claim within 90 days after accrual is a condition precedent to commencing a tort action against a municipal defendant.
Practitioners should note that late service may be allowed, but plaintiff must move for leave of the court within one year and 90 days of the accrual date, pursuant to General Municipal Law § 50-e(5).
Case: McShane v. Town of Hempstead, NY 07235 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: School Law.
