Appellate Division, First Department at 27 Madison Ave. Photo: David Handschuh/NYLJ Appeals Court Refuses to Reinstate Wrongful Death Case Against NYC After Plaintiff's Failure to File Claim Notice
The Appellate Division, First Department court also said that although New York City and related defendants "litigated the matter, and did not move for dismissal of the plaintiff's complaint until after the statute of limitations expired [for filing the required notice of claim]," that "does not establish that defendants should be estopped from asserting a statute of limitations defense."
March 23, 2021 at 09:45 PM
4 minute read
A plaintiff's failure to file a required claim notice in a wrongful death action against New York City cannot be saved by an equitable estoppel argument where the city never misled the plaintiff in regard to either serving timely notice or making an application to serve the notice late, a state appeals court has ruled.
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