Notices of claim.

Practice point: Timely and proper service of a notice of claim which, among other things, sufficiently identifies the claimant, states the nature of the claim, and describes the time when, the place where and the manner in which the claim arose, is a condition precedent to the commencement of a common-law tort action against a municipality, pursuant to General Municipal Law § 50-e[2].

Student note:The test of the notice's sufficiency is whether it includes information sufficient to enable the city to investigate the claim. Although General Municipal Law § 50-e(6) permits correction of good faith, nonprejudicial, technical mistakes, defects or omissions, it does not authorize substantive changes in the theory of liability.

Case: Tully v. City of Glen Cove, NY Slip Op 00076 (2d Dept. 2013).

Here is the decision.

Tomorrow’s issue: Declaratory judgments and motions to dismiss.