Tort actions against the City.

Practice point: A tort action against a municipality cannot be maintained unless a timely notice of claim is served, and the action is commenced within one year and 90 days after the happening of the event upon which the claim is based.

Student note: The court is without power to consider an application to file a late notice of claim after expiration of that limitations period.

Case: Turner v. City of New York, NY Slip Op 03107 (1st Dept. 2012).

Here is the decision.

Tomorrow’s issue:  Account stated.