DI NOTTE v. COUNTY OF WESTCHESTER


115 A.D.2d 585 (1985)

Geraldine Di Notte, Individually and as Administratrix of Peter C. Di Notte, Deceased, Appellant, v. County of Westchester et al., Respondents

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

December 16, 1985


Order reversed insofar as appealed from, as a matter of discretion, with costs, plaintiff's application for leave to serve a late notice of claim with respect to her claims for decedent's conscious pain and suffering and her own derivative claim granted, said notice of claim deemed served, and the fifth and sixth affirmative defenses asserted in defendants' amended verified answer are dismissed.

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