699 N.Y.S.2d 485 | N.Y. App. Div. | 1999
—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Segal, J.), entered January 6, 1999, as granted the defendants’ separate motions for summary judgment dismissing the complaint insofar as asserted against them for failure to comply with General Municipal Law § 50-e.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
“The purpose of the notice of claim requirement is to afford
In the instant case, the plaintiffs notice of claim alleged that his car went over a “dip, hole, excavation, elevation, obstruction, depression in the road at the intersection of Bethpage Sweet Hollow Road and Round Swamp Road”. Contrary to the plaintiffs contention, this statement failed to describe the nature of the alleged defect or its location with sufficient particularity to allow the defendants to locate it and conduct a timely investigation (see, Adrian v Town of Oyster Bay, supra; Yankana v City of New York, supra; Walston v City of New York, supra; Zapata v City of New York, 225 AD2d 543). Accordingly, the Supreme Court properly granted the defendants’ separate motions for summary judgment dismissing the complaint insofar as asserted against them. Thompson, J. P., Joy, Krausman and Goldstein, JJ., concur.