Bibikoff v City of New York

[*1] Bibikoff v City of New York 2005 NY Slip Op 51917(U) [10 Misc 3d 128(A)] Decided on November 23, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 23, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: NOVEMBER 23, 2005 April 2005 Term McCooe, J.P., Gangel-Jacob, Schoenfeld, JJ.


Bazyli Bibikoff, NY County Clerks No. Plaintiff-Appellant,570097/05 Calendar No. 05-080-082

against

City of New York, Defendant-Respondent.

Plaintiff appeals from a judgment of Civil Court, New York County (Karen S. Smith, J.), entered September 23, 2003, after a nonjury trial, in favor of defendant dismissing the complaint.

PER CURIAM:

Judgment (Karen S. Smith, J.), entered September 23, 2003, affirmed, without costs.

Plaintiff's complaint was generally unintelligible and lacked specificity (see Kung v Pan, 285 AD2d 532 [2001]), and at trial plaintiff was unable to establish any cognizable causes of action. Nor, for that matter, did he sufficiently notify defendant in advance as to the nature of
his various claims (General Municipal Law § 50-e[2]).

This constitutes the decision and order of the Court.
I concur

I concur
Decision Date: November 23, 2005