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TARQUINIO v. CITY OF NY

84 A.D.2d 265 (1982)

Michael Tarquinio et al., Respondents, v. City of New York, Appellant, et al., Defendants

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

January 7, 1982

Attorney(s) appearing for the Case

Irving Cohen of counsel (Bernard Abel with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellant.

Edward S. Rudofsky of counsel (Frederick A. Polatsek with him on the brief; Zane & Teitler, attorneys), for respondents.

MURPHY, P. J., KUPFERMAN, CARRO and LUPIANO, JJ., concur.

SULLIVAN, J.

The City of New York appeals from an order which, inter alia, extended, nunc pro tunc, the time to file a notice of claim to November 8, 1977, the date upon which the verified complaint was served, and deemed the summons and complaint to be a notice of claim for the purpose of section 50-e of the General Municipal Law. We find that the application for late filing relief was untimely...

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