Practice point: The court
granted the defendants' motion to dismiss based on his
failure to allege in the notice of claim the date or time when his claim against the defendants arose. The plaintiff's failure to so allege with sufficient particularity frustrated the defendants' ability to
conduct a meaningful investigation into his claim and to assess its merits.
Student note: Compliance with the notice
of claim requirements set forth in General Municipal Law § 50-e(2) is a
condition precedent to the commencement of a common-law tort action
against a municipality.
Case: Forster v. City of New York, NY Slip Op 08406 (2d Dept. 2013).
Here is the decision.
Monday's issue: Discovery sanctions.
