FAHEY v. COUNTY OF ONTARIO


55 A.D.2d 1034 (1977)

Frank Fahey et al., Respondents, v. County of Ontario et al., Defendants, and Sheriff of the County of Ontario, Appellant

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

January 21, 1977


Order affirmed, with costs, on the opinion at Special Term, Livingston, J., and the following memorandum: We add that defendant proffered no explanation for his delay in raising this defense and the date of plaintiffs' original notice of claim indicates that approximately 27 months earlier defendant was or should have been aware of the accrual date of the causes of action. Under these circumstances, we find no abuse of discretion in the denial of the motion for leave to amend...

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