After an elderly woman died during the early stages of litigation against New York City, a Brooklyn appellate court said a lower court erroneously tossed the case for a failure to comply with pre-action testimony requirements.
In July 2010, Beatrice Hymowitz, 78, was seriously injured when a bicyclist struck her in a city park in Queens. Her attorney argued the city was liable for the path’s dangerous conditions and served a notice of claim three days before she died.
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