KISSELL v. COUNTY OF ERIE


138 A.D.2d 965 (1988)

William M. Kissell et al., Appellants, v. County of Erie, Respondent

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

March 4, 1988


Order unanimously reversed on the law with costs and motion granted.

Memorandum:

Special Term erred in denying claimant's motion for leave to file a late notice of claim. Following an in camera inspection of the claimant's expert's report, the court determined that there was "no issue of law or fact sufficient to support the proposed claim". Broad discretion is vested in the courts pursuant to General Municipal Law § 50-e (5) to grant extensions of time...

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