A. J. Evers v. City New York

In a negligence action to recover for damages to property, plaintiff appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated February 17, 1982, which granted the defendants motion, inter alia, to dismiss the complaint due to an alleged insufficiency in the notice of claim. Order reversed, on the law and as a matter of discretion in the interest of justice, without costs or disbursements, and motion denied. On September 2, 1980, plaintiff, A. J. Evers, filed a notice of claim with the City of New York alleging that a piece of machinery (i.e., a "press") had been damaged on June 13, 1980 as the result of a collision between the press (which was then being transported on the back of a "flat-bed" truck) and a bent-down metal girder hanging from an overpass on the Brooklyn-Queens Expressway "near the Queens Boulevard entrance". Subsequently, on September 11, 1981, plaintiff served a verified complaint upon the city in which it was alleged, inter alia, that the accident had occurred due to the resulting diminished clearance under said overpass caused by the "[hanging]" steel girder, and requesting monetary [90 A.D.2d 786 Page 787]