Appellate Division of the Supreme Court of the State of New York June 17, 2004 (Hallett v. City of Ithaca)

Crew III, J.

Appeal from an order of the Supreme Court (Relihan, Jr., J.), entered October 20, 2003 in Tompkins County, which, inter alia, denied defendant’s motion to dismiss the complaint.

On March 1, 2002, plaintiff fell and injured herself in a parking garage owned by defendant. Thereafter, on May 31, 2002 (91 days following her fall), plaintiff served a notice of claim on defendant.