If we are to justify the preservation of the special protection provided to municipalities by notice of claim requirements, then these laws must be drafted and interpreted in a manner that affords relief to the meritorious claimant while thwarting deception and fraud so as to protect the municipal treasury. By allowing the municipal corporation to make an early investigation of claims, General Municipal Law §50-e accomplishes the latter. It fails, however, as to the former and should, therefore, be reformed in the manner suggested.
Fox, Mark J.
"Preserving Meritorious Claims against Public Corporations: Easing the Harshness of Notice of Claim Requirements,"
Hofstra Law Review: Vol. 3
, Article 4.
Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol3/iss2/4