Appellate Division of the Supreme Court of the State of New York June 29, 1982 (King v. City of New York)

Order, Supreme Court, New York County (M. Evans, J.), entered on May 19, 1981, which denied plaintiff-appellant’s motion for a default judgment for failure to timely serve an answer, and granted the defendant’s (city) cross motion to dismiss the complaint for failure to timely serve a notice of claim, is unanimously modified, on the law, the facts and in the exercise of discretion, to the extent