Serving a late notice of claim.

Practice point: Service of a late notice of claim without leave of court is a nullity.

Student note: Moreover, the failure to seek a court order excusing such lateness within one year and 90 days after accrual of the claim requires dismissal of the action.

Case: Plaza v. New York Health and Hosps. Corp., NY Slip Op 05598 (1st Dept. 2012).

Here is the decision. 

Tomorrow’s issue: Unlicensed home-improvement contractors.