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Beltran v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2001
279 A.D.2d 544 (N.Y. App. Div. 2001)

Opinion

January 25, 2001.

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated March 13, 2000, as denied its motion for summary judgment dismissing the complaint.

Carole A. Burns Associates, Mineola, N.Y. (Kristine A. Renna of counsel), for appellant.

Kressel, Rothlein Roth, Massapequa, N.Y. (David I. Roth of counsel), for respondent.

Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

General Municipal Law § 50-e(2) provides, inter alia, that a notice of claim shall set forth "the time when, the place where and the manner in which the claim arose". The requirement that a notice of claim set forth the place where the claim arose is met when the notice describes the location with sufficient particularity to enable the defendant to locate the alleged defect and to conduct a meaningful investigation so as to assess the merits of the claim before conditions change and memories fade (see, Thomas v. Town of Oyster Bay, 190 A.D.2d 731; Miles v. City of New York, 173 A.D.2d 298, 299; Caselli v. City of New York, 105 A.D.2d 251). Contrary to the defendant's contention, the plaintiff's notice of claim complied with General Municipal Law § 50-e(2).


Summaries of

Beltran v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 2001
279 A.D.2d 544 (N.Y. App. Div. 2001)
Case details for

Beltran v. Town of Oyster Bay

Case Details

Full title:EDGAR BELTRAN, RESPONDENT, v. TOWN OF OYSTER BAY, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 25, 2001

Citations

279 A.D.2d 544 (N.Y. App. Div. 2001)
719 N.Y.S.2d 285