Milonas and Smith, JJ., dissent in a memorandum by Smith, J., as follows:
I would reverse and remand for a hearing to determine whether actual notice was received by the city. Plaintiff was allegedly injured on or about May 21, 1985 when a building owned by the city collapsed. At the time, work was allegedly being done on the premises by Cross Bay Demolition Company pursuant to a contract with the city.
In his motion to file a late notice of claim, a motion...
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