KELLY v. STATE


88 A.D.2d 613 (1982)

James K. Kelly et al., Appellants, v. State of New York, Respondent

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

May 10, 1982


Order reversed, with $50 costs and disbursements, and claimants' motion to file a late notice of claim is granted.

Under the circumstances of this case, the Court of Claims erred when it denied claimants' motion on the ground that they failed to proffer a reasonable excuse for not filing a timely notice of claim. "[T]he tender of a reasonable excuse * * * is not a precondition to permission to file a late claim such as to constitute a sine qua non for the requested...

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