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PRUDE v. COUNTY OF ERIE

47 A.D.2d 111 (1975)

Al G. Prude, Appellant-Respondent, v. County of Erie, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 6, 1975.

Attorney(s) appearing for the Case

Lovallo, Matusick, Fiorella & Spadafora (Charles Fiorella of counsel), for appellant-respondent.

O'Connor, Wilken, Good & Lopat (David W. Beyer of counsel), for respondent-appellant.

MARSH, P. J., MAHONEY, DEL VECCHIO and WITMER, JJ., concur.

CARDAMONE, J.

The claimant, Al Glover Prude, appeals from an order of Special Term which denied his motion for leave to serve a late notice of claim arising out of an incident occurring on April 25, 1973 when a radiator cover located in the Erie County Courthouse fell on claimant fracturing his left ankle.

The last day to file a notice of claim against respondent, County of Erie, was July 24, 1973. Claimant did not retain his present attorney...

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