SINGLETON v. CITY OF N.Y

Dismissal of the complaint is warranted, since plaintiffs notice of claim was not served within 90 days of the date on which her claim arose (General Municipal Law § 50-e [a]), and she failed to timely move for leave to serve a late notice of claim within one year and 90 days after the claim arose (General Municipal Law § 50-e; Pierson v City of New York, 56 NY2d 950, 954). Defendants were not required to raise the late filing as an affirmative defense ( see Maxwell v City of New York, 29 AD3d 540), nor were they estopped from seeking dismissal of the complaint on this ground ( see Walker v New York City Health Hosps. Corp., 36 AD3d 509; Rodriguez v City of New York, 169 AD2d 532).