Summary
finding that timely submission of no-fault claim form to defendant company contained sufficient information to satisfy section 50-e's requirements
Summary of this case from Delaney v. Town of CarmelOpinion
October 25, 1994
Appeal from the Supreme Court, Bronx County (Bertram Katz, J.).
We agree with the IAS Court that the no-fault claim form completed by plaintiff and sent to defendant bus company, together with correspondence from the attorney directed to defendant's claim department, "constituted in the aggregate a sufficient notice of claim [to the County] within the meaning of General Municipal Law § 50-e" (Losada v. Liberty Lines Tr., 155 A.D.2d 337; Tacinelli v. Liberty Lines, 123 A.D.2d 756). All the information required — identities and addresses of claimant and attorney, nature of claim and injuries, time, place and manner of incident (General Municipal Law § 50-e) — was included in the no-fault form and correspondence. While defendant claims that its general counsel did not "handle" the claim from its "inception", no claim is made that such attorney, who has the same address as defendant, is not any longer "regularly engaged in representing the county in actions arising out of accidents occurring on buses operated by [defendant bus company]" (Losada v. Liberty Lines Tr., supra; General Municipal Law § 50-e [a]), or did not receive the papers within the required 90-day period, or ever returned such papers to plaintiff for defective service (General Municipal Law § 50-e [c]).
Concur — Murphy, P.J., Sullivan, Rosenberger, Nardelli and Tom, JJ.