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Lupo v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 9, 1990
160 A.D.2d 773 (N.Y. App. Div. 1990)

Opinion

April 9, 1990

Appeal from the Supreme Court, Kings County (Spodek, J.).


Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contentions, the Supreme Court properly granted the defendant's motion to dismiss the action based on the defective nature of the plaintiff's notice of claim (General Municipal Law § 50-e). The record reveals that the plaintiff's notice of claim was patently deficient in that it: (1) failed to describe the nature of the street defect which allegedly caused the plaintiff's so-called "slip and fall" accident, and (2) misdescribed the street location of the accident site. Significantly, this court has recognized that claims based upon sidewalk conditions require an even greater particularity of description in order to comport with the mandate of the General Municipal Law (see, e.g., Caselli v. City of New York, 105 A.D.2d 251, 253). Under the circumstances, and where the plaintiff's application to amend her notice of claim was made some 10 years after the original claim was filed, it cannot be said that the Supreme Court erred in denying her application and granting the defendant's motion to dismiss (cf., Levine v. City of New York, 111 A.D.2d 785). Bracken, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.


Summaries of

Lupo v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 9, 1990
160 A.D.2d 773 (N.Y. App. Div. 1990)
Case details for

Lupo v. City of New York

Case Details

Full title:FRANCES LUPO, Appellant, v. CITY OF NEW YORK, Respondent

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

Date published: Apr 9, 1990

Citations

160 A.D.2d 773 (N.Y. App. Div. 1990)
554 N.Y.S.2d 60

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