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HERNANDEZ v. CHAPARRO

Nos. 7785N, 114003/08.

95 A.D.3d 745 (2012)

944 N.Y.S.2d 879

2012 NY Slip Op 4110

LUCIA HERNANDEZ, as Administratrix for the Estate of SONIA GARCIA, Deceased, et al., Respondents, v. ALEX CHAPARRO, Defendant, and CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 29, 2012.

The motion court providently exercised its discretion, pursuant to CPLR 3012, in denying the motion and granting the cross motion (see Lisojo v Phillip, 188 A.D.2d 369, [1992]). In light of the complexity of the guardianship and estate proceedings preceding service of the complaint, there appears to be a reasonable excuse for the delay (id.). Further, considering plaintiff's handicap as an administrator and guardian (see...

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