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Thomas v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1993
190 A.D.2d 731 (N.Y. App. Div. 1993)

Opinion

February 8, 1993

Appeal from the Supreme Court, Nassau County (Lockman, J.).


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

General Municipal Law § 50-e requires that a notice of claim identify the geographical location of an accident and be served within the time specified so that the location may be investigated before conditions change and memories of relevant occurrences fade (see, Altmayer v City of New York, 149 A.D.2d 638; Mazza v City of New York, 112 A.D.2d 921; Caselli v City of New York, 105 A.D.2d 251). The notice of claim served herein was insufficient to accomplish its intent. Since service of a notice of claim within the time specified in General Municipal Law § 50-e is a condition precedent to the maintenance of a tort action against a municipal entity, and the notice served herein failed to specify where the alleged defect which was the gravamen of the case was located, the complaint was properly dismissed insofar as it is asserted against the Town of Oyster Bay. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Thomas v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1993
190 A.D.2d 731 (N.Y. App. Div. 1993)
Case details for

Thomas v. Town of Oyster Bay

Case Details

Full title:BRIAN J. THOMAS, Appellant, v. TOWN OF OYSTER BAY, Respondent, et al.…

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

Date published: Feb 8, 1993

Citations

190 A.D.2d 731 (N.Y. App. Div. 1993)
593 N.Y.S.2d 82

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