ACEVEDO v. CITY OF NEW YORK DEPT. OF TRANSP

That defendant Department of Transportation failed to bring to plaintiff's attention, after plaintiff served a notice of claim upon it, that the notice was improperly served, does not give rise to an estoppel claim ( Kroin v. City of New York, 210 A.D.2d 95). We have considered plaintiff's other contention and find it to be without merit.

Concur — Rosenberger, J.P., Rubin, Kupferman, Nardelli and Tom, JJ.