Samuel Quintero v. Long Island Rail Road

The summons and complaint were served within 90 days after the accident, the time limitation for service of a notice of claim pursuant to section 50-e of the General Municipal Law. The complaint contains the information that plaintiff was a resident of Brooklyn and all the other statutory requirements with respect to a notice of claim, except that it does not set forth plaintiff's post office address and his attorney's post office address. That information is set forth in the summons, which is attached to the complaint. We hold that the complaint with the summons as served, under the special facts and circumstances of the case, may be deemed in fact a notice of claim and that the motion was properly granted. Disposition Order affirmed, with $10 costs and disbursements.