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WASHINGTON v. CITY OF NEW YORK

72 N.Y.2d 881 (1988)

Gregory Washington, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1988.

Attorney(s) appearing for the Case

Arnold E. DiJoseph, III, for appellant.

Peter L. Zimroth, Corporation Counsel (Dana Martine Robbins of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The lower courts did not abuse their discretion in denying plaintiff's motion to file a late notice of claim. Under General Municipal Law § 50-e (5), the trial court has discretion to extend the time to serve a late notice of claim in a proper case, and the statute permits the court to consider...

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