MATTER OF COOPER v. CITY OF ROCHESTER


84 A.D.2d 947 (1981)

In the Matter of Carole E. Cooper, Appellant, v. City of Rochester, Respondent, et al., Defendant

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

November 13, 1981


Order unanimously affirmed, without costs.

Memorandum:

On this appeal from an order denying claimant's motion for permission to serve and file a late notice of claim, we agree with Special Term's determination that claimant failed to show that the public corporation timely acquired actual knowledge of the essential facts constituting the claim (see General Municipal Law, § 50-e, subd 5). In affirming, however, we note that had claimant demonstrated that...

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