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DeMaio v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 623 (N.Y. App. Div. 1988)

Opinion

November 28, 1988

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


Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is denied.

We conclude that the notice of claim sufficiently apprised the city that the cause of the injuries suffered by the plaintiff Arnold DeMaio was the alleged negligence of the city's agents in failing to properly supervise the plaintiff's fellow inmates. Under the circumstances, the purpose of General Municipal Law § 50-e, that the charged municipality be given an opportunity to timely investigate that with which it is charged, has been satisfied (Bullard v. City of New York, 118 A.D.2d 447, 451; Caselli v. City of New York, 105 A.D.2d 251, 260). Mangano, J.P., Brown, Kooper and Harwood, JJ., concur.


Summaries of

DeMaio v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 623 (N.Y. App. Div. 1988)
Case details for

DeMaio v. City of New York

Case Details

Full title:ARNOLD DeMAIO et al., Appellants, v. CITY OF NEW YORK, Respondent, et al.…

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

Date published: Nov 28, 1988

Citations

144 A.D.2d 623 (N.Y. App. Div. 1988)

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