Practice point: A claim against a municipal employee who was acting within the scope of his employment will be dismissed if the notice of claim is not timely served, pursuant to General Municipal Law § 50-i.
Students should note that defendant is not obliged to advise plaintiff of the untimely service, or to plead it as an affirmative defense.
Case: Dorce v. United Rentals N. Am., Inc., NY Slip Op 08894 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Motion practice.
