Opinion
December 7, 1998
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.
The Racing, Pari-Mutuel Wagering and Breeding Law requires that in an action to recover under a lease, a notice of claim must be served within 90 days after the cause of action shall have accrued ( see, Racing, Pari-Mutuel Wagering and Breeding Law § 618 Rac. Pari-Mut. Wag. Breed.; see also, Racing, Pari-Mutuel Wagering and Breeding Law § 514 Rac. Pari-Mut. Wag. Breed.; Quicksilver Assocs. v. Catskill Regional Off-Track Betting Corp., 213 A.D.2d 389). It is undisputed that no such notice was served within that time period.
Since Racing, Pari-Mutuel Wagering and Breeding Law § 618 Rac. Pari-Mut. Wag. Breed. does not provide for service of a late notice of claim, and since General Municipal Law § 50-e is inapplicable to this action, it was improper to have granted the plaintiff's request for leave to serve a late notice of claim and its motion for leave to serve a late notice of claim is denied.
Bracken, J.P., Santucci, Krausman and Florio, JJ., concur.