MATTER OF BAIER v. CITY OF ROCHESTER


98 A.D.2d 991 (1983)

In the Matter of Helen V. Baier et al., Respondents, v. City of Rochester, Appellant

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

December 16, 1983


Order unanimously modified by deleting therefrom the fourth ordering paragraph thereof and, as modified, affirmed, without costs.

Memorandum:

We find no abuse of discretion in Special Term's decision to grant claimant leave to file a late notice of claim where the application was only 15 days late. However, Special Term erred in ruling upon the need for prior written notice of the defect as a condition precedent...

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