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MATTER OF MALLORY v. CITY OF NEW YORK

135 A.D.2d 636 (1987)

In the Matter of William H. Mallory et al., Appellants, v. City of New York, Respondent

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

December 14, 1987

Ordered that the judgment is affirmed, with costs.

The appellant William H. Mallory, a New York City police officer, was injured while on duty at a police station. He did not file a timely notice of claim on the city as required by General Municipal Law § 50-e. The denial of his application for leave to serve a late notice of claim was a proper exercise of discretion, since the city did not receive actual knowledge...

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