PASSALACQUA v. COUNTY OF ONONDAGA


94 A.D.2d 949 (1983)

Thomas Passalacqua et al., Appellants, v. County of Onondaga, Respondent

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

May 25, 1983


Order entered October 6, 1982 unanimously reversed, on the law and facts, with costs, and motion granted; appeal from order entered August 19, 1982 dismissed as moot.

Memorandum:

The court erred in denying plaintiff's motion for leave to file a late notice of claim. The court held that "movant had failed to adequately demonstrate that his claim was meritorious and failed to portray any excuse for the delay in serving a notice of claim." Subdivision 5 of section...

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